O.A.P.I.

OAPI PATENT REGISTRATIONS

OAPI is the African Intellectual Property Organisation for French-speaking Africa. The member countries are Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Congo, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal, and Togo. Please note that it is not possible to obtain protection in any of these countries other than by way of an OAPI application.

OAPI is a member of the International Convention and of the PCT.

The requirements for filing a non-PCT application in OAPI are as follows:

(a) Power of Attorney (simply signed) - can be late filed within 3 months of notification;
(b) Specification, claims, drawings, and abstract in English or French - required on the day of filing;
(c) Assignment of Invention - can be late filed within 6 months;
(d) Assignment of Priority Rights - can be late filed within 6 months; and
(e) Priority document with verified English or French translation - can be late filed within 6 months.

The requirements for filing a PCT application in OAPI are as follows:

(i) Power of Attorney (simply signed) - can be late filed within 3 months of notification;
(ii) Specification, claims, drawings, and abstract in English or French - required on the day of filing;
(iii) Assignment of Priority Rights - can be late filed within 6 months;
(iv) Copy of PCT International advertisement - required on day of filing;
(v) Copy of International Search Report - can be late filed, no set deadline; and
(vi) Copy of International Preliminary Examination Report - can be late filed, no set deadline.

An OAPI application automatically designates all member states. The cost of filing an OAPI patent application is relatively high. At present, we estimate that the cost of filing in OAPI will be between about US$ 3800.00 and US$ 4000.00 (including publication fees) for the first 10 claims and the first 10 pages of the specification. This excludes translation fees (if required), priority claims, surplus claim charges, surplus page charges, and outstanding annuity fees payable upon filing.

To the above must be added a charge of about US$ 270.00 per Convention claim to priority.

Please note that exorbitant surcharges for claims in excess of 10 (about US$ 130.00 per claim) are payable and surcharges are also payable on the length of the specification (between 11 and 20 pages - about US$ 380.00, between 21 and 30 pages - about US$ 1100.00, between 31 and 40 pages - about US$ 2450.00, between 41 and 50 pages - about US$ 2700.00, thereafter add about US$ 230.00 for each batch of 10 pages over 50). However, please note that it is possible to file a preliminary amendment to reduce the number of claims so as to reduce such claim surcharges.

Please also note that annuity fees are payable on pending OAPI applications, and are payable annually calculated from the international filing date at a cost of about US$ 750.00 per year.

OAPI DESIGN REGISTRATIONS

OAPI is a member of the International Convention.

The requirements for filing a design application in OAPI are as follows:

(a) Power of Attorney (simply signed) - can be late filed after notification;
(b) 3 sets of formal drawings - required on the day of filing;
(c) Priority document with verified English or French translation - can be late filed within 3 months.

An OAPI application automatically designates all member states. The cost of filing an OAPI design application is between about US$ 2000.00 and US$ 2200.00. To the above must be added a charge of about US$ 250.00 per Convention claim to priority.

OAPI TRADEMARK REGISTRATIONS

Member States: Benin, Burkina-Faso, Cameroon, Central African Republic, Chad, Congo, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal, Togo

One application covers all member states. It is not possible to obtain national registration or renewal in any one member state.

1 Filing requirements

1.1 Full name, street address and description of the applicant (including trading style, if any, and state/country of incorporation, if incorporated).
1.2 List of goods/services.
1.3 A simply signed French/English power of attorney, per enclosed example for each mark filed.
1.4 Twelve prints of the mark - not exceeding 9 cm x 9 cm.

2 Classification and Priority

2.1 The 42 classes of the International classification of goods and services is followed.
2.2 Multiple class applications are permitted subject to additional class fees for each class beyond the third.
2.3 Goods classes and service classes must be filed separately.
2.4 Paris Convention priority must be claimed when application is filed.

3 Approximate cost for filing

3.1
1-3 classes US$ 1800.00
2-5 classes filed simultaneously, each US$ 1400.00
6th class and over filed simultaneously, each US$ 1300.00