Eswatini (Swaziland) 

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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Eswatini (Swaziland)

Patent Details and Timeframes

Priority claim

Available

Substantive Examination

Unavailable

Body responsible for non-use cancellations

Court

Time until registration

6 months

Opposition Period

Special Case

Contact us for more info.

Use Requirement Period

Special Case

Contact us for more info.

National Filing Requirements

  •  Power of attorney, simply signed.
  •  Applicant data.
  •  Copy of priority document (if applicable).
  •  Certified copy of UK patent.
  •  Certified copy of the priority document, with a verified English translation.
  •  Power of attorney, simply signed.
  •  Deed of Assignment.
  •  Deed of assignment, simply signed by the assignor and the assignee.
  •  Power of attorney from the assignee, simply signed.
  •  Deed of assignment, simply signed, with a verified English translation..
  •  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 from the licensee, simply signed.
  •  License agreement, with verified English translation.
  •  License Agreement signed by both parties.

Remarks: Swaziland has not yet amended its law to implement the Harare Protocol (ARIPO) and the PCT. Accordingly, although Swaziland is member of ARIPO, the enforceability of patents registered via an ARIPO application designating Swaziland are uncertain. Furthermore, PCT national phase application, or a convention or non-convention application directly in Swaziland are not possible. Patent protection is possible by way of the extension of a granted United Kingdom patent (this extension is automatic) and the re-registration of a granted South African patent.

PCT Filing

  •  International preliminary examination report.
  •  Power of attorney, simply signed.
  •  Deed of assignment, or proof of recordal of basic registration in South Africa (if applicable).
  •  Certificate of change of name.
  •  Power of attorney, simply signed.
  •  License agreement, with verified English translation.

Remarks: Swaziland currently does not register Patents. The Trade Marks and Patents office only registers extensions in respect of patents already registered in other jurisdictions by filing the proof of registration either in South Africa or United Kingdom through a Patent Agent. There is no telling when the situation will be normalized.

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