Patent protection is obtainable via a national filing. Sudan is a member of the International Convention, PCT and of ARIPO.
Patentable Subject Matter:
Any invention which is new, involves an inventive step and is capable of industrial application is patentable. Any invention constituting an improvement upon a patented invention is patentable if it is new, involves an inventive step, and is capable of industrial application. However, patents will not be granted for principles and discoveries of a scientific nature, or for inventions the publication or exploitation of which would be contrary to public order or morality.
Filing Requirements:
- A Power of Attorney duly notarized by a Notary Public.
- An Extract from the Commercial Register or from the Memorandum of Association, if the applicant is a company or body corporate, duly legalized up to the Sudanese Consulate.
- An Assignment Deed duly legalized up to the Sudanese Consulate, if the applicant is not the inventor.
- Two copies of specifications, claims, abstract and drawings, if any.
- A copy of the PCT application as published with the Search Report and Preliminary Examination Report, in case of entering a National Phase under the PCT Scheme.
Novelty:
An invention is new if it has not been disclosed to the public anywhere and at any time whatsoever, by means of a written or oral disclosure, by use, or in any other way, before the date of filing of the patent application or the priority date. A grace period of six months preceding the filing date or the priority date is provided for exhibition by the inventor or his successor in title at an official or officially recognized international exhibition.
Examination:
Examination is restricted to form and to unity of invention only.
Working:
Working of patents is an official requirement. If the owner of a patented invention does not satisfy the Working requirements within four years from the date of filing or three years from the date of grant, the patent will be subject to compulsory licensing.
Licences/Assignments:
Licences and Assignments must be recorded to be effective against third parties.
Granting:
The term of a patent is twenty years from the filling date
Renewals:
Annuities have to be paid at the anniversary of the application