Patents of Invention
– Law No. 3/92 of February 28, 1992, which came into force on March 29, 1992; the corresponding regulations have not yet been published.
Membership in International Conventions
– Convention Establishing the World Intellectual Property Organization (WIPO), since April 15, 1985.
– WTO’s TRIPS Agreement, since November 23, 1996.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since December 27, 2007.
– Patent Cooperation Treaty (PCT), since December 27, 2007.
Applicant: the inventor or his assignee, alone or with any other party (any individual or legal entity, firm, company, corporation, etc.).
Applicants not living in the country: must appoint a representative residing in Angola. A legalized power of attorney is necessary.
Foreign patent protection: the same as for nationals.
Notion of invention: an idea created by an inventor which allows the solution of a specific problem in the field of technology relating either to a product or a process.
Definition: an invention is patentable if it is new, implies an inventive step and is capable of industrial application.
Novelty: an invention is considered as new if it does not form part of the state of the art. The state of the art comprises all that has been made available to the public inside or outside the country before the date of filing or the priority of filing for patent, by means of an oral or written description or any other method considered as relevant for that purpose.
Disclosure by the inventor: for the purpose of the previous paragraph, public disclosure is taken into consideration if it takes place during the six months prior to the date of filing or the priority date.
Inventive step: an invention is deemed as involving an inventive step if it does not result in an obvious manner from the state of the art for a person normally skilled in that art.
Industrial use: an invention is considered as capable of industrial use when its subject is capable of use in all fields of industry, including agriculture, fisheries and handicraft.
Exception to protection: (a) inventions contrary to public policy, to accepted principles of morality, as well as to public health and safety; (b) ideas incapable of practical use or incapable of being put into practice by physical, mechanical or chemical means, as well as scientific theories and discoveries; (c) financial plans or programs, credit operations and game rules; (d) food, pharmaceuticals and chemical products and medicine intended for human and animal consumption; notwithstanding, processes or apparatus for their manufacture are patentable.
Priority: it is possible to claim the priority of a foreign application.
Territory covered: the whole territory of the Republic of Angola.
Filing requirements for an application (to be sent to resident agent):
1. Name, nationality, occupation and address of the applicant;
2. Specification and abstract (in Portuguese);
3. Name and country of residence of the inventor(s) if the applicant is not the inventor;
4. The country where the basic patent application was filed, date and number of that filing in case priority is claimed;
5. Priority certificate duly translated into Portuguese and legalized by an Angolan Consulate or a Portuguese Consulate, in the latter case also recognized by the Portuguese Foreign Office;
7. Power of attorney signed by the applicant and legalized by an Angolan Consulate in the country of the owner/applicant;
8. Deed of assignment from the inventors to the applicant legalized by an Angolan Consulate in the country of the owner/applicant.
PCT Applications: time limits which would normally apply for entering the national phase under both Chapters I and II: 30 months.
Examination: a substantive examination is carried out.
Oppositions: not provided for.
Beginning, duration and extension of protection: protection begins on the date of filing of the patent, for a period of fifteen years, which cannot be extended.
Annuities: payment of fees is foreseen (grace period of six months).
Amendment of issued patents: the invention may be amended by the owner, protected by simple certificates of amendment.
Assignments: patents can be assigned totally or partially by inter vivos deed or by virtue of lawful succession or succession by will, for the whole of their duration or for a shorter period, to be used in the whole territory or part of same.
License for exploitation: licenses can be granted by the patentee or by the usufructuary thereof by means of a notarial deed establishing the terms of the exploitation. Except if otherwise agreed, the rights obtained by the license of exploitation may not be alienated without the consent of the owner or usufructuary of the patent.
Working: compulsory. Except for proven “force majeure” reasons, the patent owner who has not commenced in the country the exploitation of the invention within three years, as from the date of grant, or who has interrupted the same for more than one year, shall be bound to grant a license of exploitation to any third party who may request it. The patent shall be cancelled if its exploitation is not commenced in the country in a regular and effective manner within four years after grant or if its exploitation has been interrupted for more than two years, except for a duly proven “force majeure” reason. A non-exclusive compulsory license may also be granted to a third party for the exploitation of an invention not in use or which effective exploitation does not meet market needs having in regard the public interest. The import is not considered as exploitation, except if indicated otherwise in special agreements to which Angola is a party. The publication of an advertisement or the offer to license are not considered as validly working the invention.