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The field of patent law in South Sudan is aimed at the legal protection of inventions and the recognition of the exclusive rights of inventors. These rights grant inventors the liberty to prevent others from commercially using their patented inventions without their consent. In South Sudan, the Ministry of Justice alongside its specialized body, the Business Registry, is responsible for dealing with matters related to patents and intellectual property rights.
Engaging a lawyer may be necessary when seeking to patent an invention in South Sudan to ensure your application adheres to the country’s patent laws and regulations. A lawyer will help to draft your patent application, conduct patent searches, and liaise with the relevant governmental bodies. Also, if your patent is challenged, or if someone infringes on your patented invention, a lawyer will be required to take the necessary legal steps to protect your rights.
In South Sudan, the South Sudan Business Registry is the governmental body charged with the registration and enforcement of patents. The registration process involves submission of application, examination of the application, publication in the Gazette and issuance of patent if the application is successful. The process may last for several months. Local patent law fundamentally accepts all inventions, provided they are new, indicate an inventive step or are applicable for industrial use. However, public order or morality, and plants or animal species, are exceptions from patenting.
The patent protection in South Sudan lasts for 20 years from the date of filing the application.
A patent provides the owner with the exclusive right to prevent others from making, using, selling or importing the patented product or process in South Sudan without the owner's permission.
If a patent is infringed in South Sudan, the patent owner can seek an injunction to stop further infringement and claim damages for financial loss suffered.
In South Sudan, you can patent a new invention, provided it follows an inventive step and can be industrially applied. Discoveries, scientific theories or mathematical methods, plants or animal species, medical treatment methods, and inventions that disturb public order or morality cannot be patented.
While it's not obligatory to hire a lawyer, it's highly recommended due to the complexity of the patent process and the specific legal knowledge needed to optimize patent application and protection.
The patent application process in South Sudan can last several months. This includes the time needed for examination of the patent application and its publication.
Foreign applicants do need to appoint a local agent to represent them in patent application processes in South Sudan.
Basic documents required include a completed application form, a description of the invention, an abstract, any necessary drawings and the applicable fees.
Yes, a rejected patent application can be appealed to the Minister of Justice. A further appeal can also be done to the Supreme Court.
No, currently South Sudan is not a member of major international patent systems such as the Patent Cooperation Treaty (PCT) or the Paris Convention.
The South Sudan Business Registry is the main authority in South Sudan to contact for information and guidance on patents. Also, the Ministry of Justice provides resources and information relating to intellectual property rights, which include patents in the country.
If you need legal assistance in patent matters, your first step should be to find a lawyer specializing in patent law, who can guide you through the application process, help to draft your application and liaise with the South Sudan Business Registry. Ensuring you have a detailed description of your invention and ready-to-submit documents is also important for a successful application
