Patents of Invention
Legal Basis
– Inventions, Minor Inventions and Industrial Designs Proclamation No. 123/1995, in force since May 10, 1995.
– Inventions, Minor Inventions and Industrial Designs Regulations, in force since December 10, 1996.
Membership in International Conventions
– Convention Establishing the World Intellectual Property Organization (WIPO), since February 19, 1998.
Filing
Applicant: the inventor(s) or an assignee.
Protection of foreigners: subject to reciprocity, foreign nationals have the same rights as Ethiopians; must appoint a local agent.
Naming of inventor(s): compulsory. Renunciation must be made in a special written declaration addressed to the Commission.
Types of patents: independent patents and patents of introduction based on a foreign patent.
Patentability conditions: an invention is patentable if it is new, involves an inventive step and is industrially applicable.
Novelty: worldwide.
Priority: may be claimed within twelve months from date of filing in the foreign country; subject to reciprocity.
Filing requirements for an application (to be sent to a registered resident agent):
1. Legalized power of attorney;
2. A statement naming the inventor(s);
3. Description of the invention (3 copies), in English or Amharic;
4. Claims;
5. Drawings (3 copies), (max. size: 26.2 cm x 17 cm);
6. An abstract.
Examination
Examination: both formal and as to substance.
Publication: the patent is published after granting in the Official Gazette.
Protection
Duration – extension: fifteen years counted from the filing date. It may be extended for a further period of five years provided it is properly worked in Ethiopia. (Patents of introduction: may be valid for a period that may extend up to ten years.)
Annuities: payable annually on the anniversary of the filing date.
Annuity grace period: six months with fine.
Working: compulsory.
Licensing: license agreements must be registered.
Compulsory licenses: only if the patent is not sufficiently worked in Ethiopia without a legitimate reason.
Conversions: upon payment of the prescribed fee, a patent application can be converted into an application for a utility model, and vice versa.