Patents of Invention

– Law No. 1/13 of July 28, 2009 Relating to Industrial Property in Burundi.

Note: Law No. 1/13 had been implemented without recourse to the Regulations, contemplated by the principal Law to supply detailed administrative requirements. The Ministerial Ordinance No. 540/2046 has been published, prescribing much if not all of the required material.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since March 30, 1977.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since September 3, 1977.
– WTO’s TRIPS Agreement, since July 23, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since February 13, 2015.

Filing, Protection

Applicant: inventor or his successor whether a partnership, company or individual, either national or foreign.

Naming of inventors: the application must name the inventor; if the applicant is not the inventor, his application must be accompanied by a statement providing proof of their right to the invention.

Novelty: absolute novelty is required. However, novelty will not be destroyed if the disclosure of the invention to the public occurred not earlier than twelve months preceding the filing date or where applicable the priority date, arising from (a) clear abuse in relation to the applicant or his successor in title; (b) the fact that the applicant or his successor in title has displayed it at an official or officially recognized international exhibition. 

Patentable: invention, an idea of an inventor which in practice makes it possible to solve a given problem in the technical field. An invention may consist of a product or process, or refer thereto. An invention shall be patentable if it is new, involves an inventive step and is industrially applicable. The following are excluded from patent protection: (a) discoveries, scientific theories and mathematical methods; (b) plans, principles or methods in the field of economic activities, in the performance of purely intellectual activities or in games; (c) methods of surgical or therapeutic treatment of the human or animal body as well as diagnostic methods. This provision shall not apply to the products used for the implementation of one of these methods; (d) natural substances, even if they had been purified, synthesized or isolated in another manner. This provision shall not apply to processes making it possible to isolate these natural substances from their original environment; (e) known substances for which a new use has been discovered; (f) plants and animals, including parts thereof, other than microorganisms, and essentially biological processes for the breeding of plants and animals and parts thereof, other than non-biological and microbiological processes; (g) animal breeds and plant varieties; (h) inventions whose exploitation is contrary to public order or morality, it being understood that the exploitation of said invention is not contrary to public order or morality owing to the sole fact that such exploitation is prohibited by legislation; (i) pharmaceutical products, up until January 1, 2016. 

Kinds of protection: (a) patents; and (b) patents of addition.

Amendments: the applicant may amend the application, but not to go beyond the subject matter set out in the original specification.

Examination procedure: there is no examination as to novelty, only as to form. Patents are granted without any guarantee of novelty.

Opposition: patent applications are open to opposition for ninety days following the publication.

Publication: applications will be published for opposition purposes after the expiry of a period of eighteen months from the filing date.

Beginning of protection: protection begins as from grant.

Delivery of document: the certificate of registration is issued in paper format.

Duration: twenty years from the filing date. If the patent is granted more than four years after the date of filing, the period of protection shall be automatically extended by the entire period which has elapsed since the filing date.

Annuities: annuities must be paid in advance as from the first year following the filing date of the patent application. There is a six-month grace period with payment of a fine.

Marking: not provided for.

Assignment: assignments must be recorded to be effective against third parties. Requirements for registration of an assignment: (a) deed of assignment or other instrument of title, together with a verified French translation; (b) power of attorney (not legalized); (c) original certificate of registration for endorsement purposes.

Working: a patent which is not worked for a period of four years from the date of filing or three years from the date of grant will become vulnerable to a compulsory license.

Infringement: actions for infringement may be brought by patentees or their assignees.

Revocation: any interested party can apply to court for revocation of a patent on various grounds including the invention is not patentable in terms of the Act, lack of novelty and/or lack of an inventive step. 

Compulsory licenses: may be granted in cases of non-use of a patent (as in “Working” above) on the grounds of national interest, uncompetitive practice or the refusal of the holder to grant a license on reasonable terms.

Filing requirements for an application (to be sent to accredited agent):
1. Power of attorney, simply signed;
2. Specification in French or English;
3. Drawings;
4. If Convention priority is claimed, a certified copy of the basic application with a verified French translation thereof.

For a change of name:
1. Certificate of change of name, with a verified French translation;
2. Power of attorney, simply signed.

For a change of address:
1. Power of attorney, simply signed.