What is ARIPO?

The African Regional Intellectual Property Organisation (ARIPO) is essentially a regional intellectual property office which facilitates the registration of various types of IP such as trademarks, industrial designs, utility models and patents across several countries with one single application.  ARIPO is comprised of English-speaking African countries (unlike its counterpart the African Intellectual Property Organisation (OAPI) which is comprised of French speaking African countries).

In the context of patents, industrial designs and utility models, currently 21 African countries are member states to the Harare Protocol, which is the governing legal instrument for registration of these types of IP with ARIPO.  These countries include Botswana, Cape Verde, The Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Seychelles, Sao Tome and Principle, Eswatini, Sudan, Sierra Leone, Uganda, Tanzania, Zambia, Zimbabwe and most recently Mauritius.  With effect from 27 August 2025, applicants will be able to designate Mauritius in their patent, design and utility model applications, in addition to the existing member states.  The steady growth in ARIPO’s number of member states demonstrates the trust in this centralised regional system while enhancing ARIPO’s geographic coverage, making it an increasingly attractive route for applicants seeking multi-jurisdictional protection in Africa.

Why file an application with ARIPO?

Where an applicant has existing operations or ventures in a certain jurisdiction and seeks to extend these ventures to other countries within their region, a regional application such as the one provided by ARIPO saves time and it is cost efficient. This is because it is possible to file one single application and make one payment that covers several countries (naturally, the more countries that the application designates, the more the costs may be).  In addition, this single application may also claim priority from a prior national application-for example, one may file a patent application in India and within the deadline of  12 months file a patent application in ARIPO, designating a number of countries, such that the later patent application is accorded the filing date of the earlier patent application in India. 

Another advantage of the ARIPO system is that the regional IP office plays specific roles which reduce time. For example, in the case of a patent application filed with ARIPO, ARIPO examiners undertake both formality ()procedural checks) and substantive examination (eligibility and qualitative checks of the invention). As the application is not being examined by different patent offices from different countries and at different times, there is uniformity and the chance of faster grant and registration of a patent spanning multiple countries.  Patents granted by ARIPO have the same effect as a patent application filed directly at a national office, thus simplifying cross border protection.

ARIPO Amendments to the Harare Protocol on Patents, Designs and Utility Models

After a comprehensive review, ARIPO’s Administrative Council adopted key updates to the Harare Protocol on Patents, Designs and Utility Models and its Implementing Regulations—intended to streamline filings and modernise procedures. These amendments were announced on 31 January 2025 and took effect on 1 March 2025.

Fee Restructuring

ARIPO has instituted fee increases and introduced new charges for both patent and design procedures as follows:

Patents

• The designation fee per member state has increased from US $85 to US $100
• The claims surcharge fee for extra claims over 10 claims (for claim number 11–50 claims) has increased from US$50 to $100 per extra claim and for claims over 50, to US $200 per extra claim. 
• Publication and grant fees have both increased from US $350 to $500. 
• Most notably, the request for substantive examination fee has increased from US $600 to $1,000
• A new US $200 fee has been introduced for a certificate of registration of a patent as ARIPO moves towards encouraging e-certificates. 
• Late renewals now carry surcharges based on a percentage of 40% of the annuity fees due, whereas previously penalties were calculated on a sliding scale

Designs

• The paper application fee has increased from US $50 to US$100 and the e‑filing fee from US $40 to US $80
• Designation fees have increased from US $10 per designated state to US $20 per designated state.
• The registration and publication fee has increased from US $75 to US $150
• Annual maintenance fees have increased for all years.
• Late renewals now carry surcharges based on a percentage of 30% of the annuity fees due, whereas previously penalties were calculated on a sliding scale

There are no changes to utility model fees.

Notable Administrative & Procedural Amendments

1. Rule 7 of the Implementing Regulations to the Harare protocol provides that Application and designation fees are now due within 14 days of filing (previously 21 days), failing which the application will be withdrawn
2. Rule 43 provides that where an application does not comply with formality requirements (such as lodging of a power of attorney, translations, sequence listings, priority details and payment of relevant fees )the ARIPO Office shall invite the applicant to correct the application within 1 month, subject to the payment of a correction fee as provided for in the schedule of fees[1] (US$100 for patents, US$20 for designs and utility models).  This marks the introduction of a correction fee whereas previously applicants could correct the deficiencies of their applications within 2 months at no cost.
3. In line with Rule 50 and 53, there are now shorter deadlines for responses to official actions such as the examination report and for paying publication of grant and publication fees after invitation.  Whereas applicants previously had a generous 6 months to respond, the deadline has been reduced to 4 months.
4. As per Rule 56, where a “designated state objects to the inclusion of any part of an ARIPO patent specification proposed for grant as unacceptable under the National Law, and the Applicant responds by excluding such parts from protection in the designating State, the ARIPO patent may, for such State or States, contain claims and, where appropriate, a description and drawings which are different from those for the other Designated States”.  This essentially means that Applicants are now permitted to file differing claims sets for different designated states.  This presents a useful development, which allows for the accommodation of different national laws.
5. For industrial designs, Rule 82 provides that applicants are now required to submit a “Statement of Novelty” within 2 months of filing the application.  A statement of novelty is a brief written description that highlights what is new, original, or distinctive about the design being registered.

Key takeaways of the amendments in summary:

• Tighter Deadlines: Applicants now have fewer days to pay fees or respond to examiner reports. Missing these deadlines may result in the application being withdrawn.
• Increased Fees: Charges for submitting and processing applications have gone up. This includes higher costs for examination, publication, and claims that exceed standard limits.
• Correction Charges Introduced: If an application has issues  such as missing documents or incorrect details, a new correction fee now applies. This was previously free.
• Flexible Claim Sets per Country: Applicants may now submit tailored claim sets to meet the legal requirements of different designated states — a practical change allowing for national variations.
• New Requirement for Designs: For industrial designs, applicants must now submit a short statement that describes what makes the design original or distinctive.

Implications of the amendments and conclusion

The higher fees have raised filing costs for applicants who may desire to designate multiple states and have multiple claims in their patent applications . This may pose financial strain, particularly for individual inventors and SMEs, thus emphasising the need for a prudent claim and filing strategy in relevant markets, especially where budget may be limited.  The timeline reforms encourage efficient management of applications and responses from applicants, while assisting matters to reach finalisation faster.   Applicants and legal practitioners must approach the new framework with increased vigilance.    The added procedural flexibility as regards claims strengthens ARIPO’s role as a robust regional IP framework.  All in all, strategic planning and timely compliance will be essential to fully benefit from the improved system without falling afoul of its stricter procedural demands.

By Kudzai Mushangwe: Senior Associate BMatanga IP Attorneys

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[1] The stated fee schedule does not explicitly refer to a correction fee for these kinds of attendances.  It appears in practice, the ARIPO office is applying the fee for general correction of errors.