Defining a patent and the related application process

Defining a patent and the related application process

Patents in Namibia are under the supervision of the African Regional Industrial Property Organization (ARIPO). The regulating body decides questions on patent application, oversees the registration process and works for settling any disputes that arise.

A seminar held in Nairobi first recommended the necessity of the establishment of a regional industrial property association in the 70s. The combined endeavor of the United Nations Economic Commission for Africa and the World Intellectual Property Organization led to the formation of the ARIPO in 1976.

The patent gives the inventor the exclusive right on his/her idea or invention. He/she is the only legal entity who can manufacture, use or sell the invention. However, this is for a certain period.

A patent could cover any functional or technical aspect related to product or a process. Your patent lawyer would be able to help you understand whether your invention could be patented, what aspects you need to patent, how to draft the application and deal with the registration process.

There are certain criteria that your invention needs to meet to obtain a patent. Here is a brief checklist of these conditions.

The invention is new and has not been public at anytime, anywhere and in any way.

It offers an inventive step i.e. it is not obvious to an expert who has knowledge about the previous inventions of similar nature.

It must have industrial application i.e. it must have a practical approach. It needs to be made or used in any particular industry.

You can apply for a patent on your own at the ARIPO or at any of the Industrial Property Office. Personal delivery or registered mail is the method to apply. However, it is wise to opt for a patent lawyer of Namibia to take care of the job.

Only a competent legal professional has in-depth knowledge of the laws regarding intellectual property. He/she could easily help you understand these as applicable in your case. This is all the more important because it is on the basis of what the patent covers that you could stop any infringements later.

The application for a patent needs to be accompanied with a completed Request for Grant' Form. Otherwise, your application won't be accepted. The application is numbered and kept for consideration.

Your Namibia patent lawyer would be able to guide you through the application process. The first step is to discuss the details of the invention with your lawyer. You and your lawyer could then decide on the aspects that need to be patented.

Knowledge about the particular area is necessary. Therefore, it is good to appoint a lawyer who has a basic idea about the field. A proficient lawyer would also be able to help you draft the application and review all documents involved. This helps in rectifying errors and omissions.

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