PATENTS REGISTRATION IN TANZANIA

COMPREHENSIVE GUIDE

In Tanzania, principal sources of law relating to patents are Patents (Registration) Act[Cap.217], Patents Regulations G.N No. 490 of 1994, the Protection of New Plant Varieties (Plant Breeders’ Rights) Act, 2002 and the archaic Design Protection Ordinance [Cap 219].The process is administered by the Business Registrations and Licensing Agency (BRELA)involving submitting an application to the Business Registration and Licensing Agency (BRELA) whereas the agency shall review the application, assess the necessary criteria such as novelty, inventive step and industrial application; later issuing the certificate of grant if the invention meets requirements.

Understanding Patents in Tanzania

A patent is a legal right granted to an inventor or their assignee, giving them the exclusive right to make, use, sell and distribute the invention for a specified period, usually ten (10)years from the filing date. In Tanzania for an invention to be patentable, it must meet the following criteria:

1. Novelty: This is the fundamental requirement for patentability in Tanzania which means ‘newness’. An invention is considered novel if it is not part of the prior artincluding any information that has been made available to the public before the filing date of the patent application. This includes prior patents, published patent applications, scientific publications, public disclosures and any other publicly accessible information.

2. Inventive Step: This fundamental requirement also referred to as ‘non-obviousness’, assesses whether an invention involves an inventive leap that would have been obvious to a person skilled in the relevant technical field at the time the invention was made. The inventive step requirement aims to ensure that patents are granted only for inventions that represent significant advance over the existing state of an art.

3. Industrial Applicability: This fundamental requirement also known as ‘utility’ or ‘usefulness’, is the key requirement for patentability in Tanzania. It refers to the practical utility or usefulness of an invention as to whether the invention can be made or used in some kind of industry. This means that, invention must be capable of being made or used in some kind of industry, including agriculture, manufacturing, technology or any other field of economy activity.

Types of inventions eligible for patent protection

Inventions eligible for patent protection typically falls under the following categories.

1. Utility patents: These are most common type of patent protection which covers the new and useful process, machines, articles of manufacture or compositions of matter. Utility patents protect the functional aspects of an invention, such as how it works or what it does.

2. Design Patents: These protects the ornamental or aesthetic aspects of product’s design. They cover the unique visual appearance of an article such as its shape, configuration, surface ornamentation or a combination thereof.

3. Plant patents: Plant patents are granted form new and distinct varieties of plants that have been asexually reproduced such as by grafting or budding. These patents protect the plant’s genetic characteristics and ensure that the inventor has exclusive rights to propagate, sell or use the plant variety.

Preliminary Steps for Filing Patents in Tanzania

1. Conduct a Patent Search: Before filing for a patent, it’s advisable to conduct a patent search at the Business Registrations and Licensing Agency (BRELA) to ensure your invention is novel.

2. Draft a Patent Specification: The specification should detail the invention clearly and concisely with claim(s) defining the scope of protection which must be in English or Kiswahili language. Such specification should include;

o Title and abstract of the invention

o The description of the invention including drawings (if any)

o Claims

o Specification

3. Examination Process: After submission of an application at the Business Registrations and Licensing Agency (BRELA), formal examination follows whereby the Business Registrations and Licensing Agency (BRELA) examines the application to ensure it complies with formal requirements, such as completeness and correct fees. Thereafter an application shall be subjected to substantive examination in which the invention is examined for novelty, inventive step and industrial applicability. TheBusiness Registrations and Licensing Agency (BRELA) may request additional information or amendments during this process.

4. Publication: Once the application passes the examination, it is published in the Tanzania Industrial Property Journal. This publication provides details of the invention’s tittle, applicant and the abstract.

5. Opposition: After the publication is made, any person may make opposition against the patent application.

6. Grant of Patent: If there is no opposition pending, or if any opposition is resolved in favour of the applicant, the Business Registrations and Licensing Agency (BRELA)will grant the certificate of grant to the patentee with exclusive rights to the invention for a specified period.

Rights conferred by the patent holder.

Patents confer several rights to the inventor or patent holder depending on the type of patent granted and the laws of the country where the patent is issued. Here are the primary rights typically associated with the patent,

1. Exclusive Rights: This is the most fundamental right granted by the Business Registrations and Licensing Agency (BRELA). The right prevents others from making, using, selling or importing the patented invention without the patent holder’s permission. This exclusivity allows the patent holder to control the commercial exploitation of the invention for the duration of a patent term.

2. Right to Licence: In Tanzania, patent holders have the right to license or grant permission to others to use the patented invention in exchange for royalties or other forms of compensation. Licensing agreements enable the patent holders to generate revenue from the invention while allowing others to benefit from its use.

3. Right to enforce: The patent holder has the right to enforce their patent against infringers through legal actions. If someone uses, makes, sells or imports the patented invention without authorization, the patent holder can seek remedies such as injunctions, damages or royalties through civil litigation.

4. Right to exclude: Patents provide the patent holder with the right to exclude others from exploiting the patented invention even if the infringing activity occurs unintentionally. This right helps to maintain integrity of the patent system and incentivize respect for intellectual property rights.

5. Right to transfer: The patent holder has the right to transfer or assign their patent rights to another party, such as through a sale or inheritance. Patent assignments enable investors to monetize their inventions by transferring ownership of the patent to a third party in exchange for a lump sum payment or other consideration.

Maintenance of the Patent

After the registration of the patent, a lot are to be done to maintain such patent in Tanzania;

1. Payment of Annual Fees: To maintain the patent, annual fees must be paid. If the fees are not paid, the patent may lapse leading to the loss of patent rights.

2. Restoration: If the patent lapses due to non-payment of fees, it may be restored within a specified period upon payment of additional fees and providing reasons for the non-payment.

Renewal of Patent

The Patents (Registration) Act, [Cap.217] provides a term of patent protection to be ten (10) years. However, it is essential to note that under the African Regional Intellectual Property Organisation (ARIPO), the term of a patent in each member country is twenty (20) years.

Enforcement and Infringement

The patent holder has the exclusive right to prevent others from exploiting the patented invention without permission. This can include manufacturing, using, selling, or importing the invention. If another party infringes on the patent, the patent holder can take legal action in the High Court of Tanzania claiming for remedies as to include injunctions, damages, and account of profits.

Conclusion

Registering a patent in Tanzania is a vital step for inventors seeking to protect their intellectual property. By following the steps outlined in this guide, inventors can secure exclusive rights to their inventions and potentially benefit from their commercial exploitation. Remember, the key to a successful patent application is thorough preparation, compliance with legal requirements, and timely action. Always keep your invention confidential until the application is filed to ensure it remains novel.

Inventors can also obtain patents through the African Regional Intellectual Property Organization (ARIPO) and the African Intellectual Property Organization (OAPI), as well as under the Patent Cooperation Treaty (PCT) – of which Tanzania is a member. Such patents have effect in both Tanzania Mainland and Zanzibar just like patents granted under local legislation in the respective parts of the Union of Tanganyika and Zanzibar.

Reach to out Team at www.gerpatsolutions.co.tz , info@gerpatsolutions.co.tz, +244 742 826 955

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PATENTS REGISTRATION IN TANZANIA

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