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.
Transmittal of the Patent Application to OAPI in Cameroon
Immediately after the statement of filing has been made out on the prescribed form and within five working days of the filing date, the Ministry responsible for industrial property shall transmit to the Organization as per Article 11 of the law the package sent by the applicant containing in duplicate, the description of the invention, the claim or claims defining the scope of the protection sought, any drawings that may be necessary for the understanding of the invention and the descriptive abstract summarizing the description, enclosing with them one original and one copy of the statement, the documents attesting payment of the fees and the power of attorney where applicable.
Examination of Applications to OAPI in Cameroon
Any application for a patent shall undergo examination to ensure that:
- The invention mentioned in the application is not excluded from the protection afforded by the patent under the provisions of the law;
- The claim or claims conform to the provisions of the law;
Conditions for a Search in a Patent Application in Cameroon
The search during a Patent application is conducted to ensure that;
- At the time of the filing of the patent application, an application for a patent filed earlier, or benefiting from a validly claimed earlier priority and concerning the same invention, was not in the process of being granted;
- The invention
- Is new
- Involves an inventive step
- Is industrially applicable.
Microorganism Invention
Where the invention relates to the use of a microorganism, the organization shall reserve the right to require the applicant to deposit a sample of the microorganism as issued by the depositary institution or the international depositary authority.
International Patent Application in Cameroon
For international applications under the patent cooperation treaty, the organization may avail itself of the provisions of article 20 and 36 of the said Treaty which relate to the international search report and the international preliminary examination report respectively.
Amendment of the claims, the Description, the Drawings and the Abstract
The applicant may amend the claims, the description, the drawings and the abstract prior to the grant.
The amendment should not be beyond the disclosure of the invention appearing in the application as filed