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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Swaziland

Patent Details and Timeframes

Priority claim

Available

Substantive Examination

Available

Body responsible for non-use cancellations

Court & IP Office

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

  •  Certified copy of UK patent.
  •  Power of attorney, simply signed.
  •  Deed of assignment, or proof of recordal of basic registration in South Africa (if applicable).
  •  Power of attorney, simply signed.
  •  Power of attorney, simply signed.
  •  License agreement, with verified English translation.

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.

Latest news

ANNOUNCEMENT

After 50 years of independece, Swaziland is renamed as eSwatini

With 1.3 million citizens, Swaziland will be renamed as eSwatini. The announcement was made by king Mswati III during the celebrations of the 50 years of independence, who has been in charge of the country since 1982. Part of the population was outraged with this decision, since they believe the king should focus on the country’s weak economy.  eSwatini is the last absolutist monarchy in Africa and in the last few years demonstrators have asked for changes from the actual regime to a democracy. This renaming implies the change of some entities’ names. Additionally, there is a chance that the Constitution might be revised and even amended. The cost of this brand/name change is estimated in approximately 6 million dollars. This calculation was made based on the taxable and non-taxable annual income of the country. For practical reasons and limiting the costs, king Mswati III kept valid all the documents that refer to the former name of the country, including any international agreement or legal contract. The Tourism Commission has already done its rebranding and, like any other tourism commission, this is a crucial step since it’s the way the country presents itself to the rest of the world. The same entity suggests foreigners to refer to the country as eSwatini, and not Swaziland.

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