Sierra Leone 

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

PCT (Patent Cooperation Treaty)

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

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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Sierra Leone

Patent Details and Timeframes

Priority claim

Available

Substantive Examination

Unavailable

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

National Filing Requirements

  •  Power of attorney, simply signed.
  •  Applicant data.
  •  Patent title, abstract, description, claims and drawings.
  •  Certified copy of the priority document, with a verified English translation.
  •  Power of attorney, simply signed.
  •  Deed of assignment, simply signed by the assignor and the assignee.
  •  Power of Attorney simply signed by the assignee.
  •  Power of attorney, simply signed.
  •  Certified copy of the certificate of incorporation or extract from the commercial register.
  •  Power of attorney, simply signed.
  •  Certified copy of the certificate of incorporation or extract from the commercial register.
  •  Power of attorney, simply signed.
  •  License Agreement signed by both parties.

PCT Filing

  •  Power of attorney, simply signed.
  •  Applicant data.
  •  Copy of priority document (if applicable).
  •  Patent title, abstract, description, claims and drawings.
  •  Deed of Assignment.
  •  International Publication.
  •  International search report.
  •  Power of attorney, simply signed.
  •  Power of attorney, simply signed.
  •  Deed of assignment, simply signed by the assignor and the assignee.
  •  Power of attorney, simply signed.
  •  Certified copy of the certificate of incorporation or extract from the commercial register.
  •  Power of attorney, simply signed.
  •  Certified copy of the certificate of incorporation or extract from the commercial register.
  •  Power of attorney, simply signed.
  •  License Agreement signed by both parties.

Latest news

OPINION

Confusion remains over the not-so-young Trademarks Act of Sierra Leone

Until mid-2020 there were no regulations drafted on the implementation of the Sierra Leone Trademarks Act 2014, nor was the date of its entry into force defined in the act that was published in the Sierra Leone Gazette (vol CXLV 53 (9 October 2014)). Although the Office of the Administrator and Registrar General (ie, the Sierra Leone Registry) informally announced in September 2018 that the new act is in effect and being enforced by the registry, no official notification has been issued thus far. Article 60(1) of the act repeals the earlier Trademarks Act (17 Cap 244 1960). Further, Article 60(2) determines that any regulation made under the repealed act and in force immediately before the commencement of the 2014 act will continue to be in force until amended or revoked. Therefore, it is uncertain as to whether formal legal processes have been followed to replace the 1960 act, amended by Act 29/1972, which was based on the UK Trademarks Act 1960. The previous act was drafted when the country was still a British colony (it became independent in 1961). Thus, the UK classification system (ie, pre-1938 system with 50 classes of goods and no recognition of services) applied. In addition, the former act did not protect collective or well-known marks or refer to the claim of priority rights under the Paris Convention. The main changes in terms of the 2014 Trademarks Act include: adoption of the Nice Classification of Goods and Services and the registration of service marks; acknowledgment of INTA agreements signed by Sierra Leone, which means recognition of international registrations since this jurisdiction is a member of the Madrid Union (the system came into force in Sierra Leone in 1999); the possibility to claim priority rights under the Paris Convention; protection of collective marks; recognition of well-known marks; renewal terms every 10 years from the application date; publication of the recordal of an assignment; full examination, publication and opposition procedures; cancellation of a trademark following five years of non-use; provisions with regard to: licensing; additional grounds for opposition; infringements (which will be extended to similar goods; damages may be awarded for infringement and intentional infringement will be a criminal offence); unfair competition; trade names; and false trade descriptions; establishment of an IP Agency, which includes a trademarks registry; and establishment of an IP tribunal, under an IP Agency Act, with powers to hear appeals and rule on invalidations, infringements and criminal offences. The changes update the legislation in line with common aspects of other countries’ trademark systems. Given the insecurity surrounding the application of this new legislation, regulation of – or at least the issuance of an official statement by the registry on – this act is urgent. This is mainly for essential issues such as the protection of service marks, collective and well-known marks, and trademark renewals.   This is a co-published article, which was originally published in the World Trademark Review (WTR).

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