Amendments to the ARIPO Harare Protocol: modified substantive examination
We have previously reported on the amendments to the Harare Protocol that came into effect on 1 January 2017. One of these changes was that a mandatory request for search and examination must be made to the African Regional Intellectual Property Organization’s (“ARIPO’s”) office within three-years of the ARIPO filing date, along with payment of search and examination fees. Where no such request and payment is made within the prescribed period, the application lapses. At the time of this amendment, no provision was made for expediting or for delaying the request for search and examination.
The second option is for delayed substantive examination. The extension is allowed for up to one additional year beyond the prescribed three-year period from the ARIPO filing date. The requirements are:
The ARIPO office has discretion to permit or deny any request for modified substantive examination, although reasons must be provided.
Dr Joanne van Harmelen
patent attorney biotechnology IP [email protected]cell: +27 82 770 5396
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