How to apply for Patents

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Applying for a Patent:                                                                                                                                                                                 

  • The applicant can submit the application forms with BIPA or 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:

  • A detailed description of the invention (to enable a person ordinarily skilled in the inventions art to replicate the technology only by studying the description.)
  • Drawings , where applicable.
  • Claims. These identify the aspects of the described idea in which the applicant is claiming, so to say, rights of the exclusive use for a limited period 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 is N$10.00 (Patent Form No.1 and 3 and 9)

 

Different Types of Applications:

There are two types of applications that an inventor can apply for namely a conventional application and a non-conventional application.

  • A conventional application must consist of the following:
    • The form of application in patent form No. 2
    • The complete specifications 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 specifications (which must be followed later by full specifications to complete the application) or,
    • Complete specifications
    • A deed of assignment

NOTE: The world-wide standard requirements for patent procedures, requires that any patent application for an invention must be made in writing, citing the complete specifications. This document is the most important part of the application, and requires a full disclosure of the invention and the claims defining the subject matter for which protection is being claimed/sought.

Registration Process:

1.  How to apply for a Patent:

  • The applicant can submit the application forms to BIPA or
  • 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), 3 Ruhr Street, Northern Industrial Area, Windhoek, Namibia; or mailed to P. O. Box 185, Windhoek, Namibia.

4.  Responsibilities of the Applicant:

  • Applicants are expected to conduct a search through the BIPA Office Registers, to ensure that they are not infringing any existing patents.
  • A provisional or complete specification must be prepared by the applicant, or the agent on behalf of the applicant, and be submitted to the BIPA Office.
  • The applicant must file a provisional specification. This can be done without the help of an attorney, but the applicant must make sure to provide a very clear, detailed description of the invention in the application.  The following application forms are required for a provisional patent: No.1 and No.2; together with payment.
  • The applicant must file a complete specification. For this, you will need the help of a patent attorney to sign the specification.

 

5.  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)

 

6.  Patent  Treaty Corporation (PCT) Patent

The following documents are to be submitted by the client:

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

 

7.  Responsibility of The Patent Office:

  • To investigate the existing patents in Namibia before acceptance.
  • Checking application documents and the registration thereof.
  • Open a Namibian Patent File.
  • Number the application (allocate a registration number to the new patent)
  • Provide a list of outstanding documents, if any.
  • Type registration related documents.
  • Grant a patent once all the required documents have been submitted.
  • Type and seal the Letters Patent.
  • File all patents documents.
  • Daily updates of amendments.
  • Keep patent registers, including the issuing of renewal certificates for a period of 3rd, 7th and 10th respective