Patent Rights: Advantages Of The Cooperation Between Portugal And Cape Verde

Author:Ms Diana Pereira
Profession:Inventa International

A protocol on Patent matters has recently been celebrated between the National Institute of Industrial Property (INPI) of Portugal and the Institute of Quality and Intellectual Property Management (IGQPI) of Cape Verde, aiming to improve the services provided by the latter.

Up to date, in what concerns the protection of Industrial Property rights in Cape Verde, an overwhelming predominance on Trademark matters has been verified. Such fact can be explained by the circumstance the IGQPI's technicians have a higher formation on Trademarks rather than on Patents area.

Hence, as a result of the very limited experience on Patent matters in the country, the Cape Verdean technicians did not develop a methodology for the substantial examination of Patents, that required the verification of the patentability requirements (novelty, inventive step, industrial applicability) as well as the verification of all the elements of the process, situation that led to a great deadlock in the registration process of these Industrial Property rights.

The steps until registration consist on the following:

Filing of the Patent application; Formal examination; Publication in the Industrial Property Bulletin (IPB); Opposition period; Substantial examination; Notice of grant. As a result of the above-mentioned factors, the Patent's registration process was, inevitably, locked in the phase of the publication of the application in the IPB, and neither the substantial examination nor the notice of grant were observed.

Motivated by the lack of developments in the registration process of their Patent applications, the applicants, that have invested in the protection of their inventions in this jurisdiction, started to lose faith in the Cape Verdean Institute, situation that led to an informal abandonment of some Patent applications in the country.

In May 2019 (IPB published on May 13, 2019), the number of Patent applications in Cape Verde merely corresponded to 16, while, on the other hand, the number of Trademark applications ascended to 4.114.

It should be underlined that the very fact of not existing developments...

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