• Design fees

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

• Term for filing an industrial design application in OAPI

Time limit for filing design application in OAPI claiming priority is six months from the priority date. It is possible to request restoration when the entry application was not filed within the deadline, with the restoration application required to be filed no later than 2 years from the entry deadline.

• Minimum filing requirements in OAPI

To obtain the date of filing the design application in OAPI must contain: 
- request to grant a patent;
- applicant’s and author's details;
- graphic or photographic representation of the design;
- specification of the class, as well as corresponding product;
- proof of payment of the prescribed fee.

• Multiple design applications

According to the OAPI legislation, similar designs (up to 100) may be filed in one design application if they belong to the same class of the Locarno classification. Designs beyond the hundredth will not be considered validly deposited.

• Power of Attorney

Legalization of the POA form is not required. A scanned copy of a simply signed Power of Attorney, referencing the name and capacity of the executor, as well as the date and place of execution, must be submitted as soon as possible, and no later than 3 months from OAPI’s official action requesting the POA.

• Priority document

The certified copy of the priority document in English or French must be submitted within three months from the date of filing. Failure to do so within the deadline requires filing a restoration application.

• Examination of a design application in OAPI

The design applications in OAPI undergo formal examination only.

• Novelty grace period

OAPI design 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 by any third party.

• Grant fee

The official grant fee for a design patent in OAPI is not stipulated.  

• Validity term

The industrial design in OAPI is valid for five years from the filing date and may be renewed for two additional 5-year periods. The renewal fee for an industrial design should be paid during the last year of the 5-year validity period. There is a six-month grace period for late renewal after such expiration, subject to the payment of a late fee. Restoration may be filed within one year from the renewal due date.

• Representation by a patent attorney

For foreigners not residing in any OAPI member states, the design application and maintenance must be filed through an OAPI licensed attorney.

• Note

Online Search Database for OAPI Industrial Designs.

Brief summary is based on the information provided by Nico Halle & Co. Law Firm on 05.04.2024
Please contact us if the above information is not in conformity with the OAPI IP Laws