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TRANSCRIPT
The Patent System In Ethiopia
Processing Patent Application in Ethiopia
By
Ermias Yemanebirhan
RSA, Pretoria
September 13, 2017
PROCESSING PATENT APPLICATION IN ETHIOPIA
Content
• The Ethiopian IP System
• Major features of the Ethiopian Patent system
• Prosecution of patent application in Ethiopia
• Figures and status of patent application
• Challenges and Impediments
THE ETHIOPIAN IP SYSTEM
THE LEGAL FRAMEWORK
THE CONSTITUTION OF 1994
- Every one has the right to own property (Article 44)
- The Federal government shall patent inventions and protectCopyrights {Article 51(19)}
PATENT- Inventions, Minor Inventions and Industrial Designs Regulation:
Proc. No 123/1995
TRADE MARK- Trade Mark Registration and Protection Law: Proc.No.501/2006
COPY RIGHT- Copyright and Related Rights Protection Law: Proc.No.410/2004
IP In The National Innovation System
Execution
Innovation
Support &
Research
System
The
Base
The Prime MinisterS&T Council
S&T Related Ministries
MOST
Financial Support
TVTE
GRI
National Quality System
People and Culture
Quality General Education
Universities
S&TUniversity
National IP
System
incubation
Centre
LI
SMME
TOP
LEADERSHIP
Ethiopian Intellectual Property Office (EIPO)
Prior 2003 IP Administration in Ethiopia was Fragmented
Patent was administrated by the then Science and Technology Commission
Copyright and related matter was Administrated by the former Youth,Sport and Culture Ministry
Management of Trade mark was handled by the then Ministry of Trade and Industry
EIPO was established by Proclamation No. 320/2003
IP SYSTEM cont’d…
EIPO’s Organizational Structure
Director General
Internal Audit
Reform
Special Advisor
Ethics
Copyright and Communities right
Directorate
Trademark, Protection and Development
Directorate
Patent and Technology Transfer Directorate
Communication
IP Legal Affairs
Gender and Women Affairs
HRM
Property and Service
Finance
Plan
MOST
National IP Council
Regional IP
Councils
EIPO’s Objectives
EIPO’s Objectives
– Protect IPRs,
– Create an information system and provide service to users,
– Develop and submit policy and legislation proposal to the Governmenton IP,
– Render advisory services on IPRs matters & undertake popularizationactivities to create awareness among the general public,
– Support and strengthen inventors, authors and musicians associationsand other similar societies,
– Establish relationship with national, regional and international IPRs.
IP SYSTEM cont’d…
The Ethiopian Patent System
Patent Proclamation No 123/1995
Objectives
To encourage local inventive and creative activities
To encourage the transfer and adoption of foreign technology
The Proclamation includes Four forms of protection:
- Patents
- Patents of Introduction
- Utility Model
- Industrial Design
Utility model protection is given to inventions which are:- New in Ethiopia and Industrially applicable
Reasons for inclusion UM in the law:
Most of the inventions involve small adaptations of existing technologies
that fall short of qualifying for patent protection
On the assumption that small adaptations can have a positive impact on the
growth of productivity in the country.
To encourage local inventors
Patent of Introduction granted to inventions which are:
o patented abroad
o not expired
o not been patented in Ethiopia
The term of protection of Patent of Introduction is for a period of 10 year.
IP SYSTEM cont’d…
Patent application process in Ethiopia
Follows the principles of the Paris Convention
Applicant who file his/her patent application in one of any foreignnational patent office can file the same application within twelvemonths at EIPO;
Application can be filed at EIPO in any language;
However, as the working languages of the office are Amharic andEnglish, application that is not filed in one of these languages, shall betranslated to such an official language within a specified period oftime(usually within two months).
• Currently, based on Ethiopian patent proclamation thereare three modes of patent application at the office.
• These include:
– Patent ( for Novel, No-Obvious and Useful invention)
– PI (for invention that has been patented in foreign country butnot lapsed in its country of origin) and;
– UM (for minor invention that can be filed to protect technical innovations which might not qualify for a patent).
Patent application process cont’d.
An applicant who wants to file his/her Ethiopian application must come up with detailed description of the invention which may consist of:
– a request for grant;
– abstract;
– drawings (if any);
– a description of the invention (Detailed description of the invention including the working procedures, examples, best mode of practicing etc );
– claim(s)
• After receiving the proper application, the office conducts anexamination as to novelty, non obviousness and utility of the filedapplication and concomitantly notifies the examination results to theapplicant.
Patent application process cont’d.
Status Patent Utility Model•• Patent of Introduction••
RECEIVED 380 2512 251
GRANTED 83 821 159
Patent Application Processing Status as of 2017
Challenges and Impediments
Legal lacuna existed
High turn over of skilled man power
Lack of experienced IP attorney (legal and technical) that may help the patent applicants in drafting standard and valid patent application, especially for domestic applicant and represent the applicant in any case regarding IP;
Low level IP culture among the general public including the learned once.
Seamless coordination and Collaboration that optimize resources at the local level has not yet been realized.
Challenges and impediments cont’d…
Lingering of the country (Ethiopia) in signing international IPtreaties including the Paris convention and the PCT etc.
Lack of online patent application system/service, searchableEIPO- filed patent documents;
Dependency with donors (mainly WIPO) in major technicalequipment and training is observed, even if the country is amember .
Thank You