Patents in Cameroon are regulated by the Bangui Accord which is managed by the African Intellectual Property Organisation (OAPI). Patents are one of the aspects of Intellectual property law protection in Cameroon.
Patents is defined by the Bangui Accord on Intellectual property right which is also applicable in Cameroon to be the title granted for the protection of an invention.
What then is an invention under the patent protection regime in Cameroon?
An invention which is subject to the patent protection in Cameroon means an idea that permits a specific problem in the field of technology to be solved in practice.
- Patentable Invention
According to this aspect, a patent shall be applicable to an invention that is new, involving an inventive step and is industrially applicable. The invention may consist of or relate to a product or a process or to a use thereof.
- Novelty
According to this aspect, an invention is considered to be new if it has not been anticipated by prior art.
A prior art shall consist of everything made available to the public, in any place and by any means or method, before the filing date either of the patent application or of a patent application filed abroad the priority of which has been validly claimed.
The novelty of an invention will not be denied if during 12 months preceding the filing date, the invention has been the subject of a disclosure resulting from the following;
- An obvious violation committed against the applicant or his predecessor in title;
- The fact that the applicant or his predecessor in title has displayed it at an official or officially recognized international exhibition.
- Inventive Step
An invention shall be regarded as resulting from an inventive step if, having regard to the prior art, it would not have been obvious to a person having ordinary knowledge and skill in the art on the filing date of the patent application or, if priority has been claimed, on the priority date validly claimed for it.
- Industrial Applicability
An invention is considered industrially applicable if it can be made or used in any kind of industry. The term “industry” shall be understood in its broadest sense to cover handicraft, agriculture, fishery and services.
- Non-Patentable Subject Matter
Patents shall not be granted for the following:
- Inventions the exploitation of which is contrary to public policy or morality, provided that the exploitation of the invention shall not be considered contrary to public policy or morality merely because it is prohibited by law or regulation;
- Discoveries, scientific theories and mathematical methods;
- Inventions having as their subject matter plant varieties, animal species and essentially biological processes for the breeding of plants or animals other than microbiological processes and the products of such processes;
- Schemes, rules or methods for doing business, performing purely mental acts or playing games;
- Methods for the treatment of the human or animal body by surgery or therapy including diagnostic methods;
- Mere presentations of information;
- Computer programs;
- Works of an exclusively ornamental nature;
- Literary, architectural and artistic works or any other aesthetic creation.