The African Regional Intellectual Property Organization (ARIPO) has recently announced amendments to the Harare Protocol that will come into force on 01 March 2025. You may recall that ARIPO, over the past two years, has been undertaking a comprehensive review of its protocols to avoid a piecemeal approach. This comprehensive review was being done in phases with the first phase focused on the Harare Protocol and its regulations, culminating in the amendments announced. We may expect the amendments to the other protocols including the Banjul Protocol on Marks to follow in due course. Among the changes are several significant increases in official fees, particularly for patents and industrial designs, while utility models remain unaffected. Usually, any amendments to the ARIPO IP protocols are announced at the Administrative Council Meeting held in November each year. However, the ARIPO Secretariat had not finished its review last year resulting in the amendments being announced on 31 January 2025.
One of the most notable changes is the substantial increase in fees for patents. For instance, the designation fee per designated Member State has risen from US$85 to US$100. The request for substantive examination fee has increased from US$600 to US$1,000. Additionally, surcharges for additional claims have increased. Claims from 11 to 50 now cost US$100 each, up from US$50, and claims beyond 60 will incur a US$200 fee per claim. This change could have a considerable impact on applicants with complex inventions requiring numerous claims.
Another significant change is the introduction of new fees, such as a US$200 fee for a hard copy of the Certificate of Grant. This increase along with a few other fees being levied for clients who want hard copies appears to underscore ARIPO′s move towards digitalization while still accommodating those who require physical documents.
For industrial designs, the fee structure has also seen notable increases. The application fee for paper filings has doubled from US$50 to US$100, while electronic filings have increased from US$40 to US$80. The designation fee per Member State has risen from US$10 to US$20, and the registration and publication fee has doubled from US$75 to US$150. Annual maintenance fees for industrial designs have also been raised across most years of protection.
These changes are part of ARIPO's broader strategy to modernize its fee structure and ensure sustainable operations. As we await further amendments to other ARIPO protocols, we encourage all clients and stakeholders to reach out to us for more detailed information regarding the amendments to the Harare Protocol.
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