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  • Intellectual property framework

    Overview

    Intellectual property is a right protected by the Constitution of the Republic of Angola. The fundamental intellectual property framework in Angola is provided in 2 main acts: the Legal Regime for the Protection of Copyright and Related Rights and the Industrial Property Law.

    Last modified 1 Jan 2023

  • Commercial contract framework

    Overview

    Angolan law lays down a general principle of contractual freedom, which means that parties are mostly free to establish the terms and conditions to be observed by the contracts they enter into (exceptions are made to mandatory rules legally imposed which will depend on the specific contractual relationship) and are entitled to enter into contracts provided for in the law, but also into contracts that are not provided for in the law.

    Angolan law does not establish a unitary act or set of rules applicable to all commercial contracts. Depending on the specific contractual relationship, commercial contracts may be subject to the provisions of the Civil Code, Commercial Code, Copyright and Related Rights Law, and the Industrial Property Law as well as other specific legislation.

    The aforementioned set of rules changes according to the specific contract in question.

    Last modified 1 Jan 2023

  • Copyrights

    Nature of right

    Copyright covers original literary, scientific and artistic intellectual creations, or works. Registration is not required for the acquisition or maintenance of copyright rights; however, there are certain specific copyright-related acts subject to registration in order to be valid.

    In Angola, copyright comprises economic and moral rights.

    In the scope of economic rights, copyright owners have the exclusive right to use, enjoy and dispose of their work, or to authorize the use of the work, wholly or in part, by third parties.

    Moral rights consist in the right to claim authorship of the work, as well as the right to ensure its genuineness and integrity.

    Last modified 1 Jan 2023

    Legal framework

    Copyrights are governed by Law No. 15/14 of July 31, which introduced the Legal Regime for the Protection of Copyright and Related Rights.

    Last modified 1 Jan 2023

    Duration of right

    As general rule, moral copyrights are unlimited in time and, therefore, are inalienable and imprescriptible. With respect to economic copyrights, copyright protection lasts for a term of 70 years, counted as of January 1 of the first year after the death of the author, as well as through the life of the author.

    In the case of works in collaboration, copyright expires 70 years after the death of the last surviving author. As per collective works or works originally assigned to a corporate person, copyright expires 70 years from the date of the first licit publication or disclosure, except if the individuals who create it were identified in the version of the work available to the public.

    For an anonymous work, or work that was legally published or disclosed without identifying the respective author, protection is for 70 years after publication or disclosure.

    Please note that, with respect to applied arts and photographic works, economic copyrights protection lasts for a term of 45 years, counted as of January 1 of the first year after the death of the author.

    Economic copyrights related to a broadcaster last up to 35th calendar year after the broadcast.

    Last modified 1 Jan 2023

    Ownership / licenses

    Moral rights are inalienable.

    The copyright owner, as well as their successors or assignees, may authorize the use of the work by third parties or assign economic rights, wholly or partially.

    Granting an authorization to third parties in order for them to divulge, publish, use or explore the work does not imply the transfer of copyright rights.

    Authorization shall only be granted in writing, mandatorily including the parties involved, the title and type of the work, the rights concerned, the duration, place and price conditions.

    Please note that the assigns are only effective against third parties when registered.

    Last modified 1 Jan 2023

    Remedies for infringement

    The copyright owner may request payment of compensation by the agent for damages and losses to repair the damage suffered as a result the infringement, as well as payment of expenses caused by that infringement, which may include legal expenses.

    The amount of the compensation is determined in accordance with the civil liability regime provided for by the Angolan Civil Code, taking into account the amount of material and moral damage suffered by the copyright owner, as well as the profit obtained by the offender.

    When it is proven that the infringing copies affect a right, the Court may order, ensuring that the penalty is proportionate to the seriousness of the offense and taking into account the legitimate interests of third parties, the destruction of those copies and their packaging or their elimination of trade channels by any other reasonable means, without compensation of any kind, in order to avoid any damage to the copyright owner.

    Last modified 1 Jan 2023

  • Mask works / topographies

    Nature of right

    Mask works and topographies are not separately protected under Angolan law. They may be protected under patent law or by way of confidentiality.

    Last modified 1 Jan 2023

    Legal framework

    Angolan has enacted no specific rules on protection of mask works or topographies. Although Angola is part of the WTO and has approved the TRIPS Agreement, it has not yet implemented any rules on mask works or topographies protection.

    Semiconductor technology, generally, and topographies, in particular, may be protected under the traditional intellectual property rules applicable to all types of technology, particularly patent law and the rules on confidential information. Therefore, matters such as the duration of the relevant rights, ownership and remedies depend on the type of protection used in connection with each specific mask work or topography.

    Last modified 1 Jan 2023

    Duration of right

    Not applicable for this jurisdiction.

    Last modified 1 Jan 2023

    Ownership / licenses

     Not applicable for this jurisdiction.

    Last modified 1 Jan 2023

    Remedies for infringement

    Not applicable for this jurisdiction.

    Last modified 1 Jan 2023

  • Patents

    Nature of right

    Patent rights cover new inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application.

    An invention shall be considered new if it does not form part of the state of the art, which comprises everything, inside or outside the country, made available to the public by means of a written or oral description, by use, or in any other way, before the date of filling of the patent application.

    An invention shall be considered involving an inventive step if it is not obvious to a person skilled in the art.

    An invention shall be considered susceptible of industrial application if it can be made or used in any kind of industry, including agriculture, fishing and handicraft.

    A national patent confers on its owner the exclusive right to exploit the patented invention in Angolan territory.

    Last modified 1 Jan 2023

    Legal framework

    Patents are governed by the following:

    • Chapter II, the Industrial Property Law (Articles 2 to 14)
    • Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
    • Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19
    • Cooperation Treaty patent (PCT) approved by Resolution No. 22/05 of August 19 and
    • Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

    Last modified 1 Jan 2023

    Duration of right

    Patent protection is granted up to a maximum period of 15 years from the date of filling of the patent application.

    Last modified 1 Jan 2023

    Ownership / licenses

    Patents can be transferred in writing, by means of public deed, whether or not for financial reward.

    Patents may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses shall be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Last modified 1 Jan 2023

    Remedies for infringement

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including patent rights, the court may, at request of the interested party, order the appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Infringement of the exclusive right granted by a patent may be also punishable as crime with imprisonment up to 6 months or a fine.

    Last modified 1 Jan 2023

  • Trademarks

    Nature of right

    A trademark is a sign that distinguishes a company's goods or services, from the goods and services provided by other companies. There are 3 types of trademarks, namely:

    • Nominative: when constituted by letter(s) or word(s)
    • Figurative: consisting of figures or images and
    • Mixed: when it includes a combination of figures and words or letters in its constitution.

    The registered trademark confers to the owner, the right to prevent third parties that do not have their consent from using in the course of trade any sign which is identical or similar to the trademark in relation to goods and/or services which are identical or similar to those for which the trademark is registered.

    Last modified 1 Jan 2023

    Legal framework

    Trademarks are governed by the following:

    • Chapter II, the Industrial Property Law (Articles 29 to 40)
    • Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
    • Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19 and
    • Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

    Angola is not a party to either the Madrid Agreement or the Madrid Protocol. As such, International Registrations (IRs) cannot be extended to Angola. Angola's accession to the Madrid Agreement and/or the Madrid Protocol is currently the subject of consultation, but the position is unlikely to change for a number of years to come.

    Last modified 1 Jan 2023

    Duration of right

    National trademark registrations remain valid for 10 years starting from the date of filing of the application and may be indefinitely renewed for equal periods.

    Last modified 1 Jan 2023

    Ownership / licenses

    Trademarks can be transferred in writing, wholly or partially, whether or not for financial reward. A transfer of the whole of the undertaking shall include the transfer of the trademark except where there is agreement to the contrary or circumstances clearly dictate otherwise.

    Trademarks may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Last modified 1 Jan 2023

    Remedies for infringement

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including trademarks, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Trademark infringement is punishable as crime with imprisonment up to 3 months or a fine.

    Last modified 1 Jan 2023

  • Trade secrets

    Nature of right

    Trade secrets are not protected as property in Angola. However, the Angolan Industrial Property Law, in the chapter related to Crimes of Unfair Competition, characterizes as crimes certain conducts involving the unauthorized use of trade secrets. As a result, there is legal protection against the violation of trade secrets.

    Last modified 1 Jan 2023

    Legal framework

    Trade secrets are addressed in article 73 of the Angolan Industrial Property Law.

    Last modified 1 Jan 2023

    Duration of right

    Not applicable for this jurisdiction.

    Last modified 1 Jan 2023

    Ownership / licenses

    Not applicable for this jurisdiction.

    Last modified 1 Jan 2023

    Remedies for infringement

    Remedies available for infringement of trade secrets can include criminal remedies (imprisonment and monetary fine) and civil remedies (injunction to prevent the continuation of infringements and damages).

    Trade secret violation is punishable with a fine, if a more serious sanction does not apply by applying the provisions of the penal code and Law No. 9/89 (Law on Crimes Against the Economy).

    Last modified 1 Jan 2023

  • Other key IP rights

    Nature of right

    Design

    Industrial design means any new arrangement or set of lines or colors that, for industrial or commercial purposes, can be applied to the ornamentation of a product by any manual, mechanical, chemical, simple or combined process.

    The registered design confers to the owner the right to prevent third parties that do not have their consent from using it. The aforementioned use shall cover, in particular, the making, offering, putting on the market, importing, exporting or using of a product in which the design is incorporated or to which it is applied, or stocking such a product for those purposes.

    Industrial designs

    Industrial designs

    Last modified 1 Jan 2023

    Legal framework

    Design

    Designs are governed by Chapter III of the Industrial Property Law (Articles 15 to 28).

    Last modified 1 Jan 2023

    Duration of right

    Design

    Designs registrations remain valid for 5 years starting from the date of filing of the application and may be renewed for 2 consecutive times of 5 years each.

    Last modified 1 Jan 2023

    Ownership / licenses

    Design

    Designs may be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Last modified 1 Jan 2023

    Remedies for infringement

    Design

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including designs, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Infringement of the exclusive right granted by a registered design may be punishable with a fine.

    Last modified 1 Jan 2023

  • Intellectual property in employment context

    Employees

    As a general rule, the copyright over a work made under a labor agreement or in compliance with functional obligations is determined by agreement between the parties. In case no agreement exists, it is presumed that the ownership over the work belongs to the respective intellectual creator. In cases where there is a service provision contract, the property rights over the work are transferred to the contractor or entity represented by it.

    The right to patent shall belong to the inventor or their successors in title. Notwithstanding, if an invention was made during the performance of an employment contract in which inventive activity is provided for, the right to the patent belongs to the employer.

    Last modified 1 Jan 2023

    Consultants / contractors

    In principle, consultants and contractors will retain ownership of the intellectual property developed by them, unless otherwise agreed by the parties or provided for in the law.

    Last modified 1 Jan 2023

  • Key commercial contract considerations

    Registration of commercial agreements

    There are no general registration requirements for commercial contracts under Angolan law; however, certain exceptions may arise. Furthermore, Industrial Property Rights licenses are subject to registration within the Angolan Industrial Property Institute (IAPI) in order to be enforceable against third parties.

    Last modified 1 Jan 2023

    Recognized language of commercial agreements

    There are no general requirements under Angolan law that provide that contracts must be written in Portuguese. However, in certain cases – for instance, contracts with consumers – the Portuguese language is mandatory, and, if the contract is to be used in specific situations – for example, for purposes of evidence in court or used with public authorities – translation to Portuguese is required.

    Last modified 1 Jan 2023

    Country-specific issues for online content

    Electronic contracts are regulated under Presidential Decree No. 202/11 of July 22.

    Last modified 1 Jan 2023

    Enforceability of online/clickwrap/shrinkwrap terms

    Contracts may be concluded electronically, provided that it does not affect its validity or effectiveness due to the use of this medium. Please note that general contractual clauses requiring electronic conclusion of consumer contracts are prohibited.

    The provider shall make available to the recipients, before the conclusion, unambiguous minimum information including (i) the contract conclusion process, (ii) whether or not the contract is stored by the service provider and accessibility by the recipient, (iii) the language or languages in which the contract may be concluded, (iv) the technical means which the provider makes available so that errors of introduction which may be contained in the order form may be identified and corrected, (v) the contractual terms and general clauses of the contract to be concluded, (vi) the codes of conduct subscribed and information on how to consult them electronically  and (vii) the effective technical means which allows the recipient to identify and correct inserted errors.

    Last modified 1 Jan 2023

    Governing law

    The interpretation and enforceability of contracts is a matter of governing law. The choice of law by the parties is accepted as a general principle, except when otherwise provided for by law; please, however, note that, in certain cases, there are rules of mandatory application – for instance, in the scope of contracts concluded with consumers.

    Last modified 1 Jan 2023

  • Key commercial contract terms

    Enforceability of warranty disclaimers

    This will depend on the specific warranty. Notwithstanding, the law may provide some restrictions on the enforceability of warranty disclaimers (eg, for reasons of consumer protection).

    Last modified 1 Jan 2023

    Enforceability of exclusions/limitations of liability indemnification

    As general rule, the enforceability of exclusions or limitation of liability is limited under Angolan law. According to civil law, limitation of liability or exclusion of liability concerns the grounds of liability itself and the damages and losses. The law is not absolutely clear when dealing with the matter; therefore, some hold the opinion that the law does not prevent clauses limiting or excluding liability for acts of mere negligence, while others suggest that all clauses of exclusion or limitation are completely null and void.

    Last modified 1 Jan 2023

    Indemnification

    Indemnification clauses in contracts are, in principle, enforceable, but may be subject to restrictions provided for in the law. It is relatively common to stipulate in commercial agreements that the indemnifying party will indemnify and hold harmless the other party against claims of third parties related to the subject matter of the agreement.

    Last modified 1 Jan 2023

    Electronic signatures

    According to Angolan law, a qualified electronic signature is equivalent to an autographic signature in paper documents. An electronic document shall only be deemed to be signed for purposes of evidence where it meets the requirements set by the law on electronic signature and certification.

    Last modified 1 Jan 2023

  • Key contacts
    Murillo Costa Sanches
    Murillo Costa Sanches
    Of Counsel DLA Piper [email protected] T +351 213 583 659 View bio
    Joni Garcia
    Joni Garcia
    Associate DLA Piper ADCA Angola [email protected] T +244 926 612 525
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Patents

Duration of right

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Angola

Patent protection is granted up to a maximum period of 15 years from the date of filling of the patent application.

Last modified 1 Jan 2023

Argentina

The basic rule is that patents expire 20 years after the date in which the relevant patent application was filed. Argentina uses a "first to file" system, but it also applies the priority rules derived from the Paris Convention.

Argentine law provides special rules on compulsory licenses and on patent termination due to lack of exploitation of the patented invention. Compulsory licenses may be granted in case of non-exploitation, competition law violations or sanitary emergencies, among other cases. Patent termination may result when, after a compulsory license was granted for lack of exploitation, no exploitation of the invention takes place for 2 years after the license was granted.

Last modified 22 Jun 2023

Australia

The duration of patent protection is 20 years from the effective date of filing for a standard patent, except for pharmaceutical standard patents, which may have a maximum of up to 25 years to allow for the regulatory approvals processes. The duration of protection for an innovation patent is 8 years from the effective date of filing. Patent rights are based on a first-to-file system.

Last modified 11 Jan 2023

Austria

Patent rights have a duration of 20 years from the filing date of an application.

Last modified 31 Mar 2023

Belgium

Patents have a duration of 20 years from the date of filing of the patent application. Renewal of the right is not possible. With regard to medicinal or plant products, the patent holder may apply for a supplementary protection certificate (SPC) which extends the duration of protection of the medicinal or plant product by the patent for a maximum of 5 years.

Exploitation of the invention is not a prerequisite for maintaining patent protection. However, if the invention is not exploited in Belgium for a period of 4 years following the date of patent application or for a period of 3 years following granting of the patent, the competent government minister can grant a compulsory license.

Last modified 28 Feb 2023

Brazil

For patents for inventions, the duration of protection is 20 years from the filing date of application.

For utility model patents, the duration of protection is 15 years from the filing date of application.

Last modified 13 Jan 2023

Canada

The duration of patent protection is 20 years from the filing date of the application.

Last modified 1 May 2023

Chile

The protection is granted for 20 years from the filing date of the application in Chile and is non-renewable.

Beginning in 2022, the law also provides for the possibility of a provisional patent application, which can be used if not all the documents required for a final application are yet available. The provisional application grants the owner a right of priority for 12 months from filing; within this time, the documents required for a final application must be submitted in order to retain the priority of the provisional application. The term of the final patent application begins with the filing date of the provisional patent application.

Last modified 28 Dec 2023

China

Invention patents are protectable for 20 years from the filing date. Utility models and design patents are protectable for 10 years from the filing date.

Last modified 9 Jul 2023

Colombia

Patents are protected for 20 years from filing, subject to the right owner paying an annual fee.

Last modified 28 Dec 2023

Czech Republic

The duration is 20 years from filing date of application.

Last modified 22 Dec 2023

Denmark

Duration is 20 years from filing date of application. Denmark has a first-to-file system.

Last modified 22 Jan 2023

Finland

Patents have a duration of 20 years, calculated from the filing date of the application. The patent system in Finland is based on a first-to-file system.

Last modified 21 Mar 2023

France

Patent protection is granted for 20 years from the filing of the patent application.

Duration of protection may be extended, for medicinal products, via supplementary protection certificates and pediatric extensions.

Patents can be invalidated by Paris courts in case of lack of novelty, lack of inventive step, insufficiency of description or added matter.

An opposition procedure for patents before the National Institute of Industrial Property (INPI) was also created in 2019 as part of the “Loi PACTE” and can result in the patent being invalidated should it infringe a third party’s right.

Last modified 17 Jan 2023

Germany

Patents are protectable for a maximum of 20 years after the filing date of the application. For certain products (ie, pharmaceuticals and pesticides), extensions to 25 years are possible via a Supplementary Protection Certificate (SPC).

Utility models are protectable for a maximum of 10 years after the filing date of application. There is a grace period of 6 months after first commercial use.

Last modified 7 Mar 2023

Hong Kong, SAR

The duration of protection is 20 years for a standard patent and 8 years for a short-term patent.

Last modified 28 Feb 2023

Hungary

The term of the definitive patent protection shall be 20 years from the date of application. A yearly renewal fee shall be paid.

The term of the protection shall expire on the day which corresponds in number to the starting day or, if this day is absent in the month of expiry, on the last day of that month. Protection shall cease after the day of expiry.

Last modified 7 Feb 2023

India

Patents have a duration of 20 years from the date of filing a patent application either in India or internationally under the PCT. India follows a first-to-file system.

Last modified 18 Apr 2023

Indonesia

A patent is granted for 20 years from the date of filing and cannot be extended. A simple patent is granted for 10 years from the date of filing and cannot be extended.

Last modified 13 Jan 2023

Ireland

Patent protection will last for 20 years. It is possible to obtain supplementary protection certificates for individual medicinal and plant protection products disclosed in a patent. If secured, these extend the protection by a further 5 years.

It is also possible to obtain a short-term patent.

The continuation of registered patent protection is conditional on annual renewal fees be paid each year from the third year from grant.

Last modified 13 Feb 2023

Israel

Patents have a term of 20 years from application, subject to certain exceptions.

Last modified 17 Jan 2023

Italy

Patent protection lasts for 20 years for inventions and 10 years for utility models, starting from the filing date of the patent application.

Last modified 25 Mar 2023

Japan

For invention patents, the duration of protection is 20 years from filing date of application and up to 5 years extension, subject to certain requirements.

For utility model patents, the duration of protection is 10 years from application. No extension is available.

For design patents, the duration of protection is 25 years from filing date of application. No extension is available.

Last modified 29 Jun 2023

Luxembourg

Patents have a duration of 20 years from the date of filing of the patent application. Renewal is not possible.

Exploitation of the invention is not a prerequisite for maintaining patent protection. However, if the invention is not exploited in Luxembourg or any other Member State of the Agreement Establishing the WTO for a period of 4 years following the date of patent application or for a period of 3 years following the grant of the patent, a compulsory license may be granted following a request to the court.

Last modified 21 Mar 2023

Mexico

The duration of a patent is 20 years (non-extendable) from the filing requesting the patent; the duration for utility models is 10 years (non-extendable) from the filing requesting the registration; and the duration for industrial designs is 5 years as of the filing requesting the registration, subject to additional extensions of 5 years up to 25 years.

Last modified 21 Jan 2023

Netherlands

Patents have a duration of 20 years from the filing date of the patent application. It is not possible to renew the patent application. Exploitation of the invention is not a prerequisite for maintaining patent protection.

Last modified 7 Dec 12023

New Zealand

Patents generally have a term of 20 years from the filing date of the complete specification for the application. In certain cases, an application can be made for a term beginning from a later date. This term is subject to payment of renewal fees.

Separate registrable rights exist for plant varieties and designs.

Last modified 15 Jan 2023

Nigeria

Subject to payment of annual fees, a patent grant is valid for a cumulative period of 20 years from the date of filing the application.

Priority

Priority registrations are permitted in Nigeria. Priority registration is an application made in Nigeria claiming priority on the basis of an earlier mark filed in a foreign country with which Nigeria has signed a treaty or a convention (otherwise known as a Convention Country). The list of Convention Countries is contained in the Patent and Designs (Convention Countries) Order of 1971. The application for priority registration must be made within 12 months of the earlier application in the convention country. The applicant must furnish the Registry with a copy of the earlier application within a 3-month period after filing in Nigeria. Once completed, the registration in Nigeria equates to an application made in the convention country of origin.

Last modified 16 Jan 2023

Norway

Patents have a duration of 20 years, calculated from the filing date of the application. The patent system in Norway is based on a first-to-file system.

Last modified 20 Feb 2023

Peru

The duration of an invention patent is 20 years (non-extendable) from the filing requesting of the patent, paying each year an annuity in order to maintain validity; the duration for utility model patents is 10 years (non-extendable) from the filing requesting the registration, paying each year an annuity in order to maintain validity; and the duration for industrial designs is 10 years from the filing requesting the registration (non-extendable).

Last modified 12 Nov 2023

Philippines

The term of a patent is 20 years from the filing date of the application, without benefit of further renewal. This is subject to the payment of annual fees.

Last modified 19 Apr 2023

Poland

A patent lasts for 20 years from the application date. In the case of patents referring to pharmaceutical products and plant protection products, protection for a product implementing a particular solution might be extended up to 25 years by acquiring a Supplementary Protection Certificate.

Utility models are protected for 10 years from the application date and the protection period cannot be extended.

Last modified 6 Jan 2023

Portugal

Patent protection is granted up to a maximum period of 20 years from the date of filling of the patent application.

Last modified 1 Jan 2023

Romania

Patents are protected for 20 years from the filing date of the application for registration.

Last modified 14 Jul 2023

Russia

Patent protection lasts for 20 years from filing the application, based on a first-to-file principle.

Last modified 19 Apr 2023

Saudi Arabia

Patent protection in the KSA is valid for a period of 20 years from the date of filing the application.

Note that it is also possible to file a GCC patent application which, if granted, affords protection of the patent in the 6 GCC countries. Subject to the continued payment of maintenance fees, the term of a GCC patent application is 20 years from the filing date.

Last modified 19 Apr 2023

Singapore

Once a patent is granted, the term of the patent is 20 years from the date of filing, subject to the payment of annual  renewal fees.

Last modified 21 Jan 2023

Slovak Republic

The patent is valid for 20 years from the date of filing the application.

Last modified 24 Jan 2023

South Korea

Under the PA, the term of a patent is 20 years from the filing date of the application.

For a patent application filed on or after March 15, 2012, the term may be extended to compensate for unreasonable delays during the prosecution of the application, where the delay is caused by KIPO.

If the registration of a patent is delayed for more than 4 years from the filing date of the application or more than 3 years from the request for examination, whichever is later, the patent term can be extended for a period equal to the delay occurred. Any delays attributable to the applicant will not be included in the patent term adjustment period. The above patent term adjustment is not automatically granted by KIPO and may be awarded only upon a petition by the applicant within 3 months from the registration date of a patent.

Last modified 7 Jul 2023

Spain

Patents are granted for a period of 20 years from the date on which the application was filed. A maintenance fee, which is subject to a gradual annual increase, is due yearly. Once the 20-year period has lapsed, anyone may make, use, offer for sale, or sell or import the invention without permission of the patentee, provided that matter covered by other unexpired patents is not used.

Last modified 20 Dec 2023

Sweden

Patents can be maintained for a period of 20 years from the filing date of the application. If the patent relates to a medicinal or plant protection product, the term of the patent can in some cases be extended by 5 years, using supplementary protection. Sweden is a "first to file" system.

Last modified 9 Feb 2023

Switzerland

The duration of protection is 20 years from the filing date of the application. 

Last modified 7 Jan 2023

Taiwan, China

The term of an invention patent is 20 years, the term of a utility model patent is 10 years and the term of a design patent is 15 years, all starting from the filing date of the application. A derivative design patent shall expire simultaneously with the original design patent.

Last modified 9 Mar 2023

Ukraine

Patents to inventions are granted for 20 years from the date of application. The owner of a patent to an invention may obtain supplementary protection for up to five more years, provided that the object of such invention is an active pharmaceutical ingredient of a medicinal product, the process of obtaining or the use of a medicinal product, an animal/plant protection product. Obtainment of supplementary protection is confirmed by supplementary protection certificate. The patents to utility models are granted for 10 years from the date of application.

Last modified 23 Jun 2023

United Arab Emirates

Patents are valid for 20 years from the filing date.

Last modified 3 Feb 2023

United Kingdom

Patents have a duration of 20 years from the filing date, subject to payment of renewal fees and so long as the patent is not invalidated. For patents protecting pharmaceutical products and plant protection products, supplementary protection certificates are available to extend duration up to the lesser of 5 years after expiry of the patent or 15 years from first marketing authorization.

Last modified 9 Feb 2023

United States

Patents filed on or after June 8, 1995 have a term of 20 years from the earliest filing date of the application on which the patent was granted. For patents filed prior to June 8, 1995, the term of the patent is either 20 years from the earliest filing date or 17 years from the issue date, whichever is longer. The US uses a first-to-file system as of March 16, 2013.

For design patents, applications filed on or after May 13, 2015 have a term of 15 years from the issue date. Design applications filed before May 13, 2015 have a term of 14 years from the issue date.

Last modified 23 Jun 2023

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