From a patent perspective, the new Act aims to enhance efficiency and align with international standards.
Key changes include the option to amend patent applications before allowance or refusal, provided they do not extend beyond the initial scope. Applications can now be converted into provisional applications before examination, allowing for earlier filing dates. The new Act also excludes software-related inventions from patentability and revises provisions related to the patentability of pharmaceutical products. Patent applications must be published in the Gazette within nine months of formality compliance, and earlier processing of regional (ARIPO) or international (PCT) applications is allowed upon payment of a fee. Annual maintenance fees are now required in advance from the application filing date.
For designs, the new Act introduces substantive examination and limits multiple designs to 100 per application. Applications are published for opposition, allowing third-party challenges.
Utility models are now defined with an emphasis on their technical nature, enhancing functionality or utility, and are also published for opposition.
Transitional provisions state that orders under the repealed law remain valid for six months from July 31, 2024, unless inconsistent with the new law.
Source: Law n° 055/2024 of 20/06/2024 on the Protection of Intellectual Property
