• Patent fees

Fees associated with filing patent applications in OAPI, as well as other patent fees, are available in the fee calculator.

• Term for filing patent application in OAPI

The term for filing a patent application in OAPI claiming priority is 12 months from the priority date. The restoration of this term is not possible.

• Minimum filing requirements in OAPI

To obtain the date of filing, a patent application in OAPI must contain:
 - request for the grant of a patent;
 - applicant's and inventor’s details;
 - specification, abstract and drawings;
 - proof of payment of the prescribed fee.

• Language of the OAPI patent application

Patent application in OAPI can be filed either in French or English. Late filing of the translation is not possible.

• Priority document

The certified copy of the priority document in English or French must be submitted to the patent office within six months from the date of filing.

• Power of Attorney requirements

The legalisation of the POA form is not required. The deadline for submitting the document to OAPI is 3 months from issuance of the corresponding Office Action.

• Substantive examination request

Any application for a patent shall undergo examination to ensure unity of invention and patentability per se. No request for such examination is required, examination is conducted automatically.

• Novelty grace period

OAPI patent application may be filed within 12 months after the disclosure at an official or officially recognized international exhibition or when such a disclosure was made in bad faith and obvious violation committed against the applicant/predecessor in title by any third party.

• Grant and patent maintenance fees

There is no official grant fee. Annual fees are due each year starting from the 2nd one and should be paid before the expiry of the anniversary of the filing date. The extension of this term is possible for six additional months by paying an extra fee.

• Representation by a patent attorney

For foreigners not residing in any of the OAPI member-country, it is required to perform a patent prosecution in OAPI through an agent, a registered OAPI patent attorney.

• Notes

1. Online Search Database for OAPI Patents and Utility Models.
2. Protection of the Utility Models is possible in OAPI.

The above information was verified by Nico Halle & Co. Law Firm on 16.02.2022
Please contact us if the above information is not in conformity with the OAPI IP Laws