Patent Law in Angola
The Patent Law in Angola is governed by Law No. 3/92 of February 28, 1992, on Industrial Property (1992).
Angola is member of the PCT, WIPO and Paris Convention.
Documents required for Angola Patent
* A Power of Attorney (POA), signed by the holder, duly notarized and then legalized before the Angolan Embassy;
* Assignment confirmation that should also be notarized and legalized before an Angolan Consulate/Embassy.
* Portuguese translation of the patent description, drawings, claims and abstract (with the figure that shall to be published).
* Please note that the Angolan PTMO also requires that all documents should be either in Portuguese or accompanied by a Certified Portuguese translation.
Remarks Late filing of documents
* Additionally, we inform you that applications may be filed without the required documents. However, the late filing of documents is subject to the payment of late filing fees.
Angola Patent Registration Procedure
The patent application is filed in the Angolan Institute of Industrial Property (AIPI). The patent office will takes between 3 to 4 weeks to issue the official filing receipts for an application. Proof of filing is send by us in 3 working days.
Publication of a patent application in the Official Bulletin is quite delayed. Currently it is taking place about 36 months after the application.
From said publication a 60-day period opens for opposition purposes by third parties. The opposition period counting from the publication date.
In the absence of any opposition, the Angolan PTMO will grant the patent application. Payment of the granting fees, between 6 and 8 months after the publication;
Mainly due to the fact that the competent authority is not computerized yet, the procedures are still quite delayed when compared with other countries. The registration certificate will take at least 4 years to be issued.
In Angola all patents are valid for 15 years since the Angolan IP Law has not been adapted the PCT treaty yet.
Annuities are due from the application date.
Trademark Law in Angola
Legal basis is the Industrial Property Act, Law no 3/92 of 1992, Chapters IV – VII, in force since 28 February 1992.
Angola is a member of Paris Convention (since 2007), Patent Cooperation Treaty (since 2007), WIPO Convention (since 1985) and WTO/TRIPS (since 1996).
Angola is not a member of the Madrid Agreement or the Madrid Protocol.
Trademark protection is obtained by registration. No express provision is made for well-known marks.
Nice classification, 11th edition.
Each Angolan trademark application can cover only five items in one class. Additional charges must be paid for every extra item. A separate application has to be filed for each class considering that Angola has a single class filing system.
1. A notarized Power of Attorney (POA) authenticated by an Angolan Consulate is necessary.
2. If the applicant is a company, a certified copy of the certificate of incorporation (legalized)/ extract from the Commercial Register, legalized by the Angolan Consulate together with a Portuguese translation thereof is needed.
* It is possible to file an application without having the power of attorney and Activity document. These documents can be submitted at a later date with the payment of a late filing fee.
Angola Trademark Registration Procedure
* The application is filed at the Angolan Institute of Industrial Property (IAPI).
* An application is examined for inherent Registrability, and for possible conflict with prior registrations or pending applications.
* Trademark applications are published for opposition purposes in the Official Gazette prior to examination.
* Once the opposition term expires uneventfully, applications are examined. Thereafter, a notification of grant is advertised in the Official Gazette.
The approximate time frame for completing the registration process of a trademark in Angola is from 24 months to 48 months.
National Opposition Period
The opposition period is 2 months from the publication date of the application.
A trademark registration is valid for 10 years from date of filing of the application. The registration is renewable for periods of 10 years on payment of the prescribed fee.
In case priority is claimed, a certified copy of home application or the registration with a sworn Portuguese translation.