Lesotho 

Lesotho

Paths to protection

Ways to protect your invention

Patents are a way of protecting your inventions. By filing a successful patent you will be awarded a monopoly to exploit your invention for a period of time.

National Patents are the most effective way of defending your invention if you only require protection in a single jurisdiction. If this is not enough for your needs, this country has signed international agreements on patents, which facilitate their internationalization:

ARIPO

Allows for a single patent application to be effective across its designated members states

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PCT (Patent Cooperation Treaty)

The PCT system allows simplified international patent applications which in turn eases national filings.

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Additional Information

Discuss your Intellectual Property Protection strategy with us

If you need to protect your Intellectual Property abroad, through our Global Network of offices and associates, we can make your Intellectual Property assets expand to every nation you desire, ensuring full legal protection of your rights.

If you have further questions, we would be delighted to schedule a conference call and answer any questions you may have.

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Lesotho

Patent Details and Timeframes

Priority claim

Available

Substantive Examination

Available

Body responsible for non-use cancellations

IP Office

Time until registration

3 years

Opposition Period

Special Case

Contact us for more info.

Use Requirement Period

4 years

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National Filing Requirements

  •  Applicant data.
  •  Copy of priority document (if applicable).
  •  Patent title, abstract, description, claims and drawings.
  •  Deed of assignment, simply signed (if applicable).
  •  Power of attorney, notarized.
  •  Certified copy of the priority document, with a verified English translation.
  •  Power of attorney, notarized.
  •  Original deed of assignment, notarized.
  •  Power of attorney, notarized.
  •  Power of attorney, notarized.
  •  Original document attesting the change.
  •  Power of attorney, notarized.
  •  Original document attesting the change.
  •  Original License Agreement, simply signed.
  •  Power of attorney, notarized.
  •  License agreement, with verified English translation.

PCT Filing

  •  Applicant data.
  •  Copy of priority document (if applicable).
  •  Patent title, abstract, description, claims and drawings.
  •  International Publication.
  •  International search report.
  •  Deed of assignment, simply signed (if applicable).
  •  Power of attorney, notarized.
  •  Power of attorney, notarized.
  •  Power of attorney, notarized.
  •  Original deed of assignment.
  •  Power of attorney, notarized.
  •  Original document attesting the change.
  •  Power of attorney, notarized.
  •  Original document attesting the change.
  •  Original License Agreement, simply signed.
  •  Power of attorney, notarized.

Latest news

OPINION

How to stay on top of trademark oppositions in Lesotho

Lesotho has been a signatory member of the Paris Convention since 1989. In 1999 it ratified the Madrid Agreement and Protocol and on that same year the Banjul Protocol on Marks within the framework of the African Regional Intellectual Property Organisation (ARIPO). There are thus three routes to obtaining registration of a trademark in Lesotho: nationally – directly with the national IP registry; regionally – via ARIPO; and internationally – via the Madrid Protocol. Upon filing an application and subsequent to the formal examination conducted by the Lesotho Trademark Registry, Article 28(4) of Industrial Property Order 5/1989 (as amended by Act 4/1997) determines that: “[a]ny interested person may, within the prescribed period and in the prescribed manner, give notice to the Registrar of opposition to the registration of the mark on grounds that one or more of the requirements of section 2, relating to the definition of a mark, and section 26(2) and the regulations pertaining thereto are not fulfilled.” Article 51 of the Industrial Property Regulations 1989 establishes that after filing an opposition the defendant then has two months to state, in writing the grounds upon which the applicant relies for his application and accompanied by supporting evidence if any”. It then has the opportunity to request a hearing “at any time after the filing of notice of opposition but not later than one month after the expire of the prescribed period for filing the counter-statement. The Registrar shall give the parties at least one month's written notice of the date set for the hearing.” The law establishes that the Lesotho Trademark Registry is obliged to publish regional and international trademark applications for opposition purposes. However, this is not current practice – in actuality, the registry publishes only national trademark applications. This means that applicants for international and regional trademark registrations that designate Lesotho – as well as interested third parties – must rely on the publications of ARIPO and WIPO and then file their oppositions accordingly before the Lesotho Trademark Registry. The opposition period of two months starts when the international registration is advertised by WIPO or when the regional registration is published in ARIPO’s Bulletin.   This is a co-published article, which was originally published in the World Trademark Review (WTR).

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