Patents

Legal basis

The Patent Act 1971

International Conventions

Paris Convention, PCT

Priority Claim

Yes

Novelty

Absolute

Publication Sources

Official Gazette

Period for opposition

8 months

Publication after grant

Yes

Extension Years

No

Pharmaceutical/ Medical Product/ Patent

Yes

Annuity

Yes

Working Requirements

Yes, within four years

Appellate authority (administrate)

No

Appellate authority (judicial)

Civil Court

Validity of Registration

Twenty (20) years from filing date

Substantive Examination

No

Time Span for registration

Eight (08) months to Twelve (12) from date of
application.

Enforcement of Patent rights

  • Registered Patent

 

Criminal:

  • Intellectual Property Court

 

Civil:

Intellectual Property Court (infringment)

  • Unregistered Patent

Criminla:

Intellectual Property Court

Civil:

  • Intellectual Property Court(unfair competition)

Legal System

Common Law

Service

Description

Official Fees (USD)

Proffesional Fees (USD)

Total Fees (USD)

New Application Ordinary/PCT application for individuals 35.00 350.00 385.00
  Ordinary/PCT application for companies 35.00 350.00 385.00
  Claiming convention priority   100.00 100.00
  Preparing translation of drawings (per sheet)   30.00 30.00
  Arabic translation of specification per page   45.00 45.00
  Amendment/correction of application for individuals 20.00 250.00 270.00
  Amendment/correction of application for companies 20.00 250.00 270.00
  Recordation of Assignment for individuals 35.00 95.00 130.00
  Recordation of Assignment for companies 35.00 95.00 130.00
  Recordation of License for individuals 35.00 145.00 180.00
  Recordation of License for companies 35.00 145.00 180.00
  Payment of Annuity (ordinary per year) 35.00 150.00 185.00
  Payment of Annuity (PCT per year) 40.00 150.00 190.00
  Late payment of annuity 40.00 150.00 190.00
  Publication in Official Gazette 20.00 250.00 270.00
  Registration of patent (ordinary) 35.00 250.00 285.00
  Registration of patent (PCT) 35.00 250.00 285.00
  Late Filing of Document 20.00 30.00 50.00
Service Requirements
Filing PATENT Application A Power of Attorney in our favor,  legalized up to the Sudan Consulate
  Deed of Assignment, from the inventor to the applicant, legalized up to the Sudan Consulate 
  Certificate of Incorporation of the company, legalized up to the Sudan  Consulate
  Full copy of invention specification (description, claims, abstract) and the drawings, if any, together with the corresponding English translation (if they are not already in this language).
  A copy of the PCT Request, along with its corresponding English translation, if it is not already in English.
  A copy of the International Search Report, along with an English translation, if it is not already in English.
  A copy of the Preliminary Examination Report, if any, along with an English   translation, if it is not already in English.
 
Q1) What is the legal base for registration and protection of patent rights in Sudan?
A1) The Patents Act, 1971.
 
Q2) Does  Sudan law protect utility models?
A2) Yes. A utility model may be protected for 10 years.
 
Q3) Is absolute novelty required for granting a patent?
A3) Yes.
 
Q4) Is Sudan a PCT country?
A4) Yes.
 
Q5) Are the requirements for entering a PCT application into the national phase different from those of filing an ordinary application?
A5) The requirements are almost similar. Please consult the Sudan page on this website.
 
Q6) Is there any grace period for filing the supporting documents?
A6) Yes. 90 days from the date of filing. This grace period is unextendable.
 
Q7) Does the Sudan law grant joint patent rights?
A7) Yes.
 
Q8) Are patent applications examined for both formality and substance?
A8) Yes.
 
Q9) How long does an application takes before it is examined?
A9) 6 months
 
Q10) What is the term of validity of a letter patent?
A10) 20 years from the application date.
 
Q11) When shall an annuity be due for payment for a patent application?
A11) From the second year.
 
Q12) Is there any grace period allowed for late payment of annuities?
A12) Yes. There is a period of six months in total. An annuity may be paid within the first 3 months without any fine, while a late annuity payment fine will apply for the second three months.
 
Q13) Is it possible to reinstate a patent application after it has lapsed because of non-payment of an annuity or  being withdrawn by the applicant?
A13) Yes. There is provision or remedy under Sudan law to reinstate such application.
 
Q14) Is it possible to assign patent applications?
A14) Yes
 
Q15) When should a request for substantive examination be filed?
A15) No, such request is required.
 
Q16) Is it possible to conduct official availability searches for patents in Sudan?
A16) Yes
 
Q17) Is working of an invention mandatory?
A17) Yes.
 
Q18) Does the Sudan Patent Law provide for compulsory licensing?
A18)

Yes, under the following conditions;
That the patented invention capable of being worked within the Democratic Republic of the Sudan has not been so worked.

That the working of the patented invention within the Sudan does not meet a reasonable terms the demand of the product.

The working of the patented invention within the Sudan is been prevented or hindered by the importation of the patented article.

That by reason of the refusal of the registered owner of the patent to grant licenses on reasonable terms, the establishment or development of industrial or commercial activities in the Sudan is unfairly substantially prejudiced.

 
Q19) Is it possible to file a criminal legal action for patent infringement?
A19) Yes
 
Q20) Does your law provide for the possibility of lodging opposition against patent application?
A20) Yes.
 
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