BOTSWANA Intellectual Property

Patent, PCT National Phase, Designs and Trade Marks

Smit & Van Wyk intellectual property agent for Botswana deals exclusively with patent PCT national phase and trade mark filings in Botswana. Our qualified and experienced intellectual property lawyers are able to provide you with the best legal advice regarding your patents and trade marks in most African countries. Our fields of practice encompass all aspects relating to patents, designs, trade marks and copyright. 

Botswana is a landlocked country in Southern Africa with up to 70% of its territory being the Kalahari Desert. Botswana is currently Africa’s oldest continuous democracy and adopted its new name after becoming independent within the Commonwealth on 30 September 1966. The country is bordered by South Africa to the south, Namibia to the west, and Zimbabwe to the northeast. Its border with Zambia to the north near Kazungula is poorly defined but is, at most, a few hundred metres long.

ARIPO

Botswana is a member of ARIPO which means that patents, designs or trade marks may be registered with the official intellectual property office of Botswana or with ARIPO.  ARIPO requires the applicant to choose the specific member states where protection is required.

Patents

Paris Convention ✓
PCT ✓
Examination ✓
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Registration Timetable:
Complete Patent, 12 – 18 Months.

Duration and Renewal:
The patent has a duration of 20 years from date of filing or the PCT International filing date, with no possible extensions.

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Trade Marks

Nice Classification ✓
Madrid System ✘
Multi-class Applications ✓
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Registration Timetable:
From Filing to Registration, 12 – 15 months.

Duration and Renewal:
Every 10 years, from the 10th anniversary of filing date.

Algeria is a First to File country
(whomever first FILES a particular trade mark gets the rights)

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Designs

Paris Convention ✓
Locarno Classification ✓
Hague Agreement  ✘
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Registration Timetable:
Registered Design, 12 – 18 Months.

Duration and Renewal:
The total duration is 10 years from the date of filing the application, which is divided into 2 terms. The initial term is 1 year, which is extendable upon payment of renewal fees for a further 9-year term. The extension must be requested on filing or within the first year.

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