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