• Patent fees

Fees associated with the OAPI PCT regional phase entry as well as other patent fees are available in the fee calculator.

• The deadline for the PCT regional phase entry in OAPI

The time limit for OAPI regional phase entry is 30 months from the date of priority. It is possible to request for a restoration where the regional phase entry application was not filed within the deadline. The restoration application must be filed at the latest within 2 years from the 30 month deadline.

• Minimum filing requirements in OAPI

To obtain the date of filing, the PCT regional phase entry 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

For entry into the national phase, specification, claims and abstract must be translated into French or English and submitted on filing. 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. Failure to do so within the deadline requires filing a restoration application.

• Power of Attorney requirements

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.

• 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

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.

• Grant and patent maintenance fees

There is no official grant fee for OAPI patents. The validity term of these patents is 20 years from the filing date, with annuities due each year on the anniversary of the international filing date. The term can be extended for six additional months by paying an extra fee. If an annuity is not paid within this grace period, the applicant can only regain rights to the patent by filing a restoration application. This application must be submitted within 2 years from the initial annuity deadline.

• Representation by a patent attorney

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

• Notes

1. Online Search Database for OAPI Patents and Utility Models.
2. Entering the OAPI regional stage as a utility model is possible. The applicant may apply for the conversion of a patent application into a utility model application, and vice versa, at any time prior to grant.
3. Amendments to the claims, description, drawings, and abstract are possible prior to grant, provided they do not exceed the disclosure of the invention.

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