What is a Patent?
A patent is an exclusive rights granted by the state to the inventor for an invention for 20 years from the filing date. An Invention is a novel, non obvious and industrially applicable solution to a specific problem in a field of technology. The grant of patent gives you the rights to make, use, sell, and offer for sale and import.
Examples of Patents
ARV drugs
Ballpoint pen
Method of using a Suspension Smelting Furnace, a Suspension Smelting Furnace, and a Concentrate Burner.
Filing of a patent
- Complete Form 1 (Fill 3 Forms)
- Request letter – write a letter to the Registrar Industrial Property requesting to register a patent.
- Submit to the registrar application letter, attaching Form 1 and three copies of items shown in the checklist.
NB: Each of the items listed in the checklist should be written on a separate sheet.
Substantive examination is conducted at the African Regional Intellectual Property Organisation (ARIPO) – Harare, Zimbabwe.
Publication and Grant of a patent
- When the patent is accepted, you are invited to pay for grant and publication fees.
- Write a letter of acceptance of payment fees.
- After payment of the grant and publication fees, you will be issued with certificate.
Changes and Amendments of a Patent
Change of name of applicant
Applicant can change the personal details from the initial application
Notify the Registrar in writing and pay a prescribed fee (schedule of fees)
Change of address of applicant
Applicant can change the address details from the initial application
Notify the Registrar in writing and pay a prescribed fee
Change of address for service
Applicant can change their agents from the initial application
Notify the Registrar in writing and pay a prescribed fee
Change of ownership of a Patent
Applicant can transfer their rights to a third party through the following ways:
Assignment: The applicant transfers ALL the rights to the third party
Notify the Registrar in writing, complete form 22, attach Deed of Assignment (Agreement) and pay a prescribed fee.
Filing of application maintenance
Renewal of a patent is every year (annually).You are supposed to pay maintenance fee every year even before you get certificate.
- Notify the Registrar in writing and pay the prescribed fee. (schedule of fees)
- Failure to renew a patent within a grace period of six (6) months from the date of expiry, a surcharge fee will be charged
- A Patent shall be deemed to be withdrawn if the owner fails to pay annual maintenance fees. There is no RESTORATION
Filing of cancellation (Withdrawn) of a patent
Notify the Registrar in writing that you wish to cancel your application.