Guide to the new patent and utility model system for OAPI members

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Guide to the new patent and utility model system for OAPI members

Sponsored by

spoor-fisher-400px.png
Changing from 2024 to 2025

New patent and utility model procedures and updated fees form part of a legislative update to the Bangui Agreement that became effective in the new year, explains Craig Kahn of Spoor & Fisher Jersey

Authorities in the African Intellectual Property Organisation (OAPI) have announced changes to the Bangui Agreement’s provisions relating to patents and utility models (annexes I and II, respectively). The new measures came into effect on January 1 2025.

OAPI is the regional intellectual property system that applies in much of French-speaking Africa. There are 17 member states of OAPI; namely, Benin, Burkina Faso, Cameroon, the Central African Republic, Chad, Comoros (except Mayotte), Congo, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal, and Togo. An OAPI patent or utility model application automatically covers all member states and it is not possible to designate the countries of interest.

The Bangui Agreement changes in brief

The changes to the Bangui Agreement relate only to annexes I and II, and the most significant points to note are as follows:

  • The changes only apply to patent and utility model applications filed on or after January 1 2025. Currently pending applications filed before January 1 2025 will be prosecuted according to the previous provisions of the Bangui Agreement that applied to patents and utility models.

  • Patent and utility model applications will be subject to substantive examination. OAPI patent examiners have been undergoing training in Cameroon and Ivory Coast. For OAPI Patent Cooperation Treaty (PCT) regional phase applications, it is expected that the examiners will rely on the PCT international search report and the international preliminary examination report when conducting a substantive examination. An examination must be requested within three months from a request from OAPI, and examination fees must be paid with any excess claims fees.

  • It is possible to file voluntary divisional applications at any time before grant, and in response to a substantive examination office action.

  • Patent and utility model opposition is now provided for and applications will be published for opposition purposes. Any interested party may oppose the issuance of a patent or a utility model application, within three months of the publication of the application.

  • Pharmaceutical product inventions – the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights has extended the exclusion of pharmaceutical products from patent protection until January 1 2033 for ‘least developed countries’ (LDCs). OAPI member states that qualify as LDCs are no longer required to apply the provisions of Annex I regarding patents relating to a pharmaceutical product.

  • Non-PCT applications will be published within 18 months of the filing date or the priority date. All patents will be published upon grant.

  • New official fees for patents and utility models have been issued.

  • Any annuities that are due in 2025 but that were paid in 2024 will be subject to the 2025 annuity official fees. It is understood that OAPI will send out notifications informing the applicant/patentee of the shortfall.

more from across site and SHARED ros bottom lb

More from across our site

Fresh off a string of ITC victories, Latham has recruited Baker Botts’ ITC leader Lisa Kattan, adding another prominent name to one of the market's busiest ITC practices
The firm hopes its recent Düsseldorf expansion and UK partner hire will strengthen its offering as it looks to an integrated model to boost UPC capabilities
Stephenson Harwood’s trademark prosecution push and patent ambitions could complement Taylor Wessing’s remaining but depleted European IP strength following its UK arm’s departure
Gerben IP’s first woman partner, Sophie Edbrooke, explains how boutique life allowed her to broaden her expertise, take on leadership responsibilities and carve out a route to the top
INTA has a right to protect its Annual Meeting, but making it harder for others to hold similar events risks leaving delegates with a bigger travel bill
The firm says it hopes to capture patent litigation work in Texas by arming itself with experienced trial lawyers with venue expertise
Ken Iijima's arrival continues a trend of ex-Pizzeys practitioners joining RnB IP, whose co-founder says independent ownership and a lucrative compensation model have become attractive in a consolidating market
McDermott Will & Schulte lawyers explore why the UPC is seeing rapid adoption by medtech for fast-moving disputes, while pharma and biotech take a cautious, selective approach over revocation risks
IP firms may be growing more comfortable with external capital, but uncertainty over who could ultimately own the business is complicating the investment pitch
The former Western District of Texas judge addresses perceptions of his courtroom, reveals what comes next as he returns to practice at A&O Shearman and explains why marathon running is ‘cathartic’
Gift this article