Patent

Madagascar

BASIC FACTS

Patent Protected
Product Patent and Process Patent
Patentable Inventions as per Patent Act
An invention is patentable if it is new, involves an inventive step, is industrially applicable or is a new use.
Inventions not Patentable
15d75fd60a9b541568013664@_Worksheet_in_Madagascar_Patent.xlsx
Non-Convention Application
No
Convention Application
No
PCT National Phase Application
Yes
Divisional Application
Yes
Patent of Addition
Yes
Patent of Importation (Patent of Introduction)
No
Others
No
Utility Model Protection is provided under Patent
N/A
Type of Application
N/A
Time Period
30 Months
Extended Deadline
N/A
Patent of Invention
15 Years
Utility Model Patent
15 Years
Design Patent
N/A
Extension of Foreign Patent
5 Years
Exceptions (e.g. Pharmaceutical Patents)
N/A

PROSECUTION

Basic Number of Pages
N/A
Basic Number of Claims
N/A
Basic Number of Dependent Claims
N/A
Basic Number of Independent Claims
N/A
Types of Claims
Product-by-Process
Invention Specification
N/A
Language of Specification
French
Translation required
Yes
Due date to file the translation
2 Months
Power of Attorney (In case of individual applicant, copy of passport is required)
Consulate Legalized
Deed of Assignment
Notarized
Priority Document, with required translation
Copy
Incorporation Certificate, with required translation
Consulate Legalized
Home / Foreign Registration Certificate, with required translation
Copy
International Search Report (ISR), in case of PCT
Yes
International Preliminary Examination Report (IPEA), in case of PCT
Yes
Declaration of Ownership
Consulate Legalized
Declaration of Nationality
Signed
Copy of Inventor's Passport
No
Other Documents
No
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
1-2 Months
Deadline to File the Reply
To be provided by the Examiner
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
Depends on the malagasy office
Time Frame for Issuance of Decision
12 Months (approx)
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
3-6 Months
Deadline to File the Reply
To be provided by the Examiner
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
Depends on the malagasy office
Time Frame for Issuance of Decision
12 Months (approx)
Applicability of Examination
N/A
Time of Examination
N/A
Time Frame from the Date of Application
N/A
Deadline to File the Reply
N/A
Permissible Extension to File the Reply
N/A
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
N/A
Applicability of Publication
No
Time Frame of Publication from Date of Acceptance
N/A
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
3-6 Months

OPPOSITION

Applicability of Opposition
N/A