The Patent System in Ethiopia

The Patent System In Ethiopia
Processing Patent
Application in Ethiopia
By
Ermias Yemanebirhan
RSA, Pretoria
September 13, 2017
PROCESSING PATENT APPLICATION IN ETHIOPIA
Content
• The Ethiopian IP System
• Major features of the Ethiopian Patent system
• Prosecution of patent application in Ethiopia
• Figures and status of patent application
• Challenges and Impediments
THE ETHIOPIAN IP SYSTEM
THE LEGAL FRAMEWORK
 THE CONSTITUTION OF 1994

- Every one has the right to own property (Article 44)
- The Federal government shall patent inventions and protect
Copyrights {Article 51(19)}
 PATENT
- Inventions, Minor Inventions and Industrial Designs Regulation:
Proc. No 123/1995
 TRADE MARK
- Trade Mark Registration and Protection Law: Proc.No.501/2006
 COPY RIGHT
- Copyright and Related Rights Protection Law: Proc.No.410/2004
The Prime Minister
TOP
S&T Council
LEADERSHIP
S&T Related
Execution MOST
Ministries
GRI
National LI
Universities IP National
Innovation Financial System Quality
Support & Support S&T System
Research University incubation
System SMME
Centre TVTE
The Quality General Education

Base
People and Culture
IP In The National Innovation System
IP SYSTEM cont’d…
Ethiopian Intellectual Property Office (EIPO)
 Prior 2003 IP Administration in Ethiopia was Fragmented

 Patent was administrated by the then Science and Technology
Commission
 Copyright and related matter was Administrated by the former Youth,
Sport and Culture Ministry
 Management of Trade mark was handled by the then Ministry of Trade
and Industry
 EIPO was established by Proclamation No. 320/2003

MOST
Regional National IP
IP Council
Councils Director
General
Internal Audit Special Advisor
Reform Ethics
Patent and Technology IP Legal

Transfer Directorate Affairs HRM Plan
Trademark, Protection Communicati

and Development on Finance
Directorate
Gender and
Copyright and Women
Property and Affairs
Communities right Service
Directorate
EIPO’s Organizational Structure
EIPO’s Objectives
EIPO’s Objectives
– Protect IPRs,
– Create an information system and provide service to users,
– Develop and submit policy and legislation proposal to the Government
on IP,
– Render advisory services on IPRs matters & undertake popularization
activities to create awareness among the general public,
– Support and strengthen inventors, authors and musicians associations
and other similar societies,
– Establish relationship with national, regional and international IPRs.
The Ethiopian Patent System
 Patent Proclamation No 123/1995
Objectives
 To encourage local inventive and creative activities

 To encourage the transfer and adoption of foreign technology
 The Proclamation includes Four forms of protection:
- Patents
- Patents of Introduction
- Utility Model
- Industrial Design
 Utility model protection is given to inventions which are:

- New in Ethiopia and Industrially applicable
 Reasons for inclusion UM in the law:

 Most of the inventions involve small adaptations of existing technologies
that fall short of qualifying for patent protection
 On the assumption that small adaptations can have a positive impact on the
growth of productivity in the country.
 To encourage local inventors
Patent of Introduction granted to inventions which are:

o patented abroad
o not expired
o not been patented in Ethiopia
 The term of protection of Patent of Introduction is for a period of 10 year.
Patent application process in Ethiopia
Follows the principles of the Paris Convention
 Applicant who file his/her patent application in one of any foreign

national patent office can file the same application within twelve
months at EIPO;
 Application can be filed at EIPO in any language;
 However, as the working languages of the office are Amharic and

English, application that is not filed in one of these languages, shall be
translated to such an official language within a specified period of
time(usually within two months).
Patent application process cont’d.
• Currently, based on Ethiopian patent proclamation there

are three modes of patent application at the office.
• These include:
– Patent ( for Novel, No-Obvious and Useful invention)
– PI (for invention that has been patented in foreign country but

not lapsed in its country of origin) and;
– UM (for minor invention that can be filed to protect technical

innovations which might not qualify for a patent).
Patent application process cont’d.
 An applicant who wants to file his/her Ethiopian application must

come up with detailed description of the invention which may consist
of:
– a request for grant;

– abstract;
– drawings (if any);
– a description of the invention (Detailed description of the invention
including the working procedures, examples, best mode of practicing etc );
– claim(s)
• After receiving the proper application, the office conducts an

examination as to novelty, non obviousness and utility of the filed
application and concomitantly notifies the examination results to the
applicant.
Patent Application Processing Status as of 2017
Status Patent Utility Model•

• Patent of Introduction•
•
RECEIVED 380 2512 251
GRANTED 83 821 159

Challenges and Impediments
 Legal lacuna existed
 High turn over of skilled man power
 Lack of experienced IP attorney (legal and technical) that

may help the patent applicants in drafting standard and valid
patent application, especially for domestic applicant and
represent the applicant in any case regarding IP;
 Low level IP culture among the general public including the

learned once.
 Seamless coordination and Collaboration that optimize

resources at the local level has not yet been realized.
Challenges and impediments cont’d…
 Lingering of the country (Ethiopia) in signing international IP

treaties including the Paris convention and the PCT etc.
 Lack of online patent application system/service, searchable

EIPO- filed patent documents;
 Dependency with donors (mainly WIPO) in major technical

equipment and training is observed, even if the country is a
member .
Thank You

The Patent System in Ethiopia

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The Patent System In Ethiopia

THE LEGAL FRAMEWORK

 THE CONSTITUTION OF 1994

The Quality General Education

Ethiopian Intellectual Property Office (EIPO)

 Prior 2003 IP Administration in Ethiopia was Fragmented

 EIPO was established by Proclamation No. 320/2003

Internal Audit Special Advisor

Patent and Technology IP Legal

Trademark, Protection Communicati

 Patent Proclamation No 123/1995

 To encourage local inventive and creative activities

 Utility model protection is given to inventions which are:

 Reasons for inclusion UM in the law:

Patent of Introduction granted to inventions which are:

Follows the principles of the Paris Convention

 Applicant who file his/her patent application in one of any foreign

 Application can be filed at EIPO in any language;

 However, as the working languages of the office are Amharic and

• Currently, based on Ethiopian patent proclamation there

– Patent ( for Novel, No-Obvious and Useful invention)

– PI (for invention that has been patented in foreign country but

– UM (for minor invention that can be filed to protect technical

 An applicant who wants to file his/her Ethiopian application must

– a request for grant;

• After receiving the proper application, the office conducts an

Status Patent Utility Model•

RECEIVED 380 2512 251

GRANTED 83 821 159

 Legal lacuna existed

 High turn over of skilled man power

 Lack of experienced IP attorney (legal and technical) that

 Low level IP culture among the general public including the

 Seamless coordination and Collaboration that optimize

 Lingering of the country (Ethiopia) in signing international IP

 Lack of online patent application system/service, searchable

 Dependency with donors (mainly WIPO) in major technical

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