When innovation creates waves within industries, getting your novel concept patented in South Africa will only keep your creation protected within regional borders. If you are thinking of expanding into Africa, African regional patent filing systems (ARIPO and OAPI) have been designed to protect your Intellectual Property within English (ARIPO) and French-speaking (OAPI) member countries across Africa, allowing you to use, share, or sell your protected patent.
Understanding the Differences in African Regional Patent Filing Systems (ARIPO and OAPI)
IP enforcement is a challenge in many African countries as courts may lack specialised Intellectual Property knowledge, and administration delays may slow down the registration process. To get your invention protected and distributed throughout the continent, it is important to understand the differences between the African regional patent filing systems (ARIPO and OAPI).
The ARIPO System: A Centralised Approach
The African Regional Intellectual Property Organisation (ARIPO) is a patent filing system in Africa protecting Intellectual Property across English-speaking member states, though it does include non-English speaking exceptions. ARIPO allows an applicant to file a single patent for several member countries, but the applicant must specify in which particular member countries the protection is sought, i.e, the applicant must designate their chosen states from the outset.
To qualify for a patent, your invention must be new, possess an inventive step, and be practically useful. Once the ARIPO office examines and grants the patent, the rights take effect only in the designated member countries where each national patent office has not objected. This gives the patent holder exclusive rights to use, make, or sell the invention in those countries for up to 20 years from the filing date, subject to national laws and renewal fees.
The OAPI System: One Application, One Protection
The Organisation Africaine de la Propriété Intellectuelle (OAPI) offers a more unified system, covering the French-speaking member countries. Unlike ARIPO, where you designate certain countries, filing an OAPI patent automatically extends protection to all member states that share a framework in favour of national patent laws. There is, thus, no need to designate states with the OAPI application filing.
This single-application, single-registration model ensures that inventors secure the exclusive legal authority to their invention in all member countries with just one application, reducing the administrative burden and ensuring your patent is protected throughout the region. In this case, if you only intend to file the patent in one or two of the member countries, you still have to pay the regular fees for all the countries.
Choosing the Right Business Path
It is important to evaluate your commercial footprint to decide between these two systems. If your target markets are primarily in Southern and Eastern Africa, ARIPO is likely the most practical route. If your focus lies in West and Central Africa, OAPI offers better blanket protection. Using these regional systems allows businesses to secure valuable patent, trademark, and registered design rights across a large portion of the African continent, making expansion less complicated and legally secure.
Protecting your patent across the border requires the expertise of legal practitioners who understand the policies, procedures, and laws in sub-Saharan Africa.
Your Gateway to Africa
Let Bredenkamp Intellectual Property Attorneys serve as your single point of contact, managing your continent-wide matters through one firm. We have an expert team dedicated to helping you file and obtain protection for your patents, trademarks, and registered designs. We also assist with and manage the enforcement of your intellectual property rights throughout Africa. There is no need to hassle with the ‘red tape’ associated with African regional patent filing systems (ARIPO and OAPI); simply consult with us.
