Patents of Invention

– Patents Act, Cap. 247 of the laws of Sierra Leone, 1960.
– United Kingdom Designs (Protection) Act, Cap. 246 of the laws of Sierra Leone, 1960.
– The Patents and Industrial Designs Act No. 10 of 2012, published and in force since October 11, 2012.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since May 18, 1986.
– WTO’s TRIPS Agreement, since July 23, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since June 17, 1997.
– Patent Cooperation Treaty (PCT), since June 17, 1997.
– African Regional Intellectual Property Organization (ARIPO), Harare Protocol, since February 25, 1999.

Filing

Applicant(s): any person being the grantee of a patent in the United Kingdom; or any person deriving his right from such grantee by assignment, transfer or other operation of law.

Application time limit: application must be made within three years from the date of issue of the U.K. patent.

Kinds of protection available: re-registration based on granted United Kingdom patent, PCT national phase application, and designation in an ARIPO patent application. The Patent Office accepts applications intended as national phase applications pending the introduction of the relevant implementing laws.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (not legalized);
2. Application form (not legalized);
3. Certified copy of the specification of the British patent, including drawings, if any;
4. Certificate from the British Comptroller General giving particulars of the grant of the British patent.

PCT applications: time limit for entering national phase under both Chapter I and Chapter II: 31 months, and 31 months through ARIPO Chapters I and II.

Protection

Duration: privileges and rights granted by the certificate of registration in Sierra Leone shall date as from the date of the U.K. patent and shall continue in force only so long as the U.K. patent remains in force.

Examination: no examination as to novelty, only as to form.

Opposition to application filed: not provided for.

Annuities: no annuities are payable.

Marking of patented goods: optional.

Assignment: registration of assignment is advisable.

Modification of Protection after Registration

Annulment: the High Court may, upon the application of any person who alleges that his interests have been prejudicially affected by the issue of a certificate of registration, declare that the exclusive rights and privileges conferred by such certificate have not been acquired. The grounds for such a declaration are the same as those which would lead to the revocation of a U.K. patent.