How to apply for a Patent

             Back to Patents 

Different Methods to Apply for a Patent:                                                                                                                                                                                    

  • The applicant can submit the application forms or
  • You can ask a patent attorney for assistance.
  • Registration fee N$10.00 (Patent Form No.1 and 3 and 9)
  • Renewal fee N$8.00 (Patent Form No. 11) for the first four years
  • On the seventh year, for three years is N$12.00
  • On the tenth year, for the final four years is N$20.00

The following documents need to be submitted. (Forms)

A detailed description of the invention – a description in detail to enable a person ordinarily skilled in the inventions art to replicate the technology only by studying the description.

  • Drawings – where applicable.
  • Claims – The claims identify specifically the aspect of the described idea in which the applicant is claiming, so to say, rights of the exclusive use for a limited period of any patent sought thereof.
  • Abstract -
  • Deed of Assignment – if the applicant differs from the inventor.
  • A Power of Attorney – if an agent acts on behalf of the applicant
  • A Priority document – a copy of the patent application originally filed in another country.

 Filing Fees Payable on Patent Documents:

  • § Registration fee N$10.00 (Patent Form No.1 and 3 and 9)

Different Types of Applications:

There are two types of application that an inventor can apply for: conventional application and non-conventional application

  • A convention application must comprise of the following:

-          The form of application in patent form No. 2

-          The complete specification in duplicate, the first leaf of which must be in patent form

-          Priority documents

-          Deed of assignment if needed

  • If the applicant prefers to file a non- conventional application the following documents must be filed:

-          Patent form no. 6 and either

-          Provisional specification, which must be followed later by full specifications to complete the application or

-          Complete specifications

-          A deed of assignment

NOTE: It must be noted that the world-wide standard requirement of the patent procedure requires that any patent application for an invention must be made in writing, citing the complete specifications, as this document makes up the most important part of the application, making a full disclosure of the invention and the claims defining the subject matter for which protection is being claimed/sought.

Registration Process:

1.  Different Methods to Apply for a Patent:

  • The applicant can submit the application forms or
  • You can ask a patent attorney for assistance.

2.  Patent Application Forms:

Application forms are obtainable from BIPA

3.  Where to Submit the Application Forms:

Applications must be filed at the Business and Intellectual Property Authority (BIPA), 288 Sam Nujoma Drive, Windhoek, Namibia; or mailed to P. O. Box 185, Windhoek, Namibia.

4.  Responsibilities of the Applicant:

  • Do a search in the BIPA Office registers to ensure you are not infringing any existing patents.
  • A provisional or complete specification must be prepared by the applicant him/herself or the agent on behalf of the applicant and submitted to the BIPA Office.
  • File a provisional specification.

You can do this without the help of an attorney, but you must make sure to provide a very clear, detailed description of your invention in the application.  You need the following application forms for a provisional patent: A patent application form No.1 and No.2; revenue stamps must be attached to the form P1.

  • File a complete specification

For this, you will need the help of a patent attorney.  The specification must be signed by a patent attorney.

A.      The following documents need to be submitted. (Forms)

A detailed description of the invention – a description in detail to enable a person ordinarily skilled in the inventions art to replicate the technology only by studying the description.

  • Drawings – where applicable.
  • Claims – The claims identify specifically the aspect of the described idea in which the applicant is claiming, so to say, rights of the exclusive use for a limited period of any patent sought thereof.
  • Abstract -
  • Deed of Assignment – if the applicant differs from the inventor.
  • A Power of Attorney – if an agent acts on behalf of the applicant
  • A Priority document – a copy of the patent application originally filed in another country.

B.       Filing Fees Payable On Patent Documents:

  • Registration fee N$12.00 (Patent Form No.1 and 3 and 9)
  • Renewal fee N$4.00 (Patent Form No. 11)

C.      Patent  Treaty Corporation (PCT) Patent

The following documents to be submitted by the client:

  • A copy of the PCT Examination Report;
  • English Translation of the PCT Examination Report;
  • PCT Pamphlet (English translation)

5.       Responsibility of The Patent Office:

  • Investigate the existing patents in Namibia before acceptance.
  • Checking of application documents and the registration thereof.
  • Open a Namibian Patent File.
  • Numbering of the application – Allocate a registration number to the new patent
  • Send out a list of outstanding documents, if any.
  • Typing of all registration related documents.
  • Grant a patent if all the required documents has been submitted. – Typing and sealing of the Letters Patent.
  • Filing of all patents documents.
  • Daily updating (any amendments) and keeping of patent registers, including issuing of renewal certificates for a period of 3rd, 7th and 10th respective