Patents of Invention
Legal Basis
– The Industrial Property Act, 2014, in force since April 1, 2015.
– The Industrial Property Regulations, 2017, in force since February 10, 2017.
Membership in International Conventions
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since June 14, 1965.
– Convention Establishing the World Intellectual Property Organization (WIPO), since October 18, 1973.
– ARIPO, Harare Protocol, since April 25, 1984.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Patent Cooperation Treaty (PCT), since February 9, 1995.
– Patent Law Treaty, signatory since June 2000.
Filing
Applicant: anybody or the proprietor of a PCT application or an ARIPO patent designating Uganda. For applications filed before October 15, 1991: the proprietor of the corresponding British patent.
Foreign applicants: must be represented by an authorized agent.
First filing requirement: a person resident in Uganda cannot, without written authority from the Registrar, file an application for a patent outside of Uganda, unless an application for a patent for the same invention has been filed with the Registrar not less than six weeks before the filing of the application outside of Uganda.
Types of patents: patents of inventions; utility models.
Novelty: worldwide.
Extent of the protection: is determined by the terms of the claim(s) and/or interpreted by the description and drawings.
Priority: according to the Paris Convention.
Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (not legalized);
2. An application form (not legalized);
3. Specification in English with claims and abstract – 4 copies;
4. Formal drawings – 4 copies.
For a change of name or address:
1. A certificate of change of name or address; original or notarized copy.
Electronic filing: available.
Electronic signatures: are not accepted (only wet signatures).
PCT applications: time limit for entering the national phase under Chapter I: 30 months, under Chapter II: 31 months, and 31 months through ARIPO Chapters I and II.
Granting and Protection
Examination: the Registrar examines the application as to form and substance.
Amendment of application: possible, but the amendment shall not go beyond the substance of the disclosure made by the applicant in the initial application.
Division of application: the applicant may divide the initial application into one or more applications, but each divisional application shall not go beyond the disclosure made in the initial application.
Opposition: within ninety days after publication of the application, any interested party may file with the Registrar a notice of opposition.
Conversion into a utility model application: possible, at any time before the grant or refusal of a patent; also vice versa.
Delivery of document: the patent certificate is issued electronically.
Duration: twenty years from the filing date for patents and ten years from the date of grant for utility models; extension is not possible. For re-registered British patents: the duration of the British patent.
Annuities: are due at the end of the day immediately before each anniversary of the filing date of the application. Grace period: six months with fine.
Marking of patented goods: not required.
Assignments or licenses: must be registered.
Invalidation: any interested person may request the court to invalidate a patent or utility model, within twelve months from the date of publication of the grant.