Patentable Inventions

For an invention to be eligible for patent registration in Zanzibar it must meet certain criteria such as it must be novel, involve a non-obvious and inventive step, be applicable to industrial use and has not been excluded from patentability under the Zanzibar law.

Right to Patent

An Inventor shall have the right to a patent of their own invention. If there are multiple inventors, they shall have joint ownership of the patent.
In cases where multiple individuals independently make the same invention, the person whose application has the earliest filing date or valid priority date shall have the right to the patent.

Who owns inventions created at the workplace?

When an employee creates an invention as part of their employment contract, the employer has the right to the patent in absence of contractual provision to the contrary and if the employee creates an invention using the employer’s materials, data or knowledge but not in execution of their employment contract, the employer still has the right to the patent in absence of contractual provisions to the contrary.
However, if the employer neglects to file a patent application within one year of the employee informing them of the invention, the employee will have rights to the patent including the right to assign and license/transfer the patent, if granted.

Application

Application for patent shall be made on prescribed Form No. 1 at a fee of TZS 50,000/= and shall be accompanied with a formal request, a detailed description of the invention, one or more claims, any necessary drawings and an abstract.
If the applicant applied for patent registration in a country which is party to the Paris Convention, the applicant can claim for an earlier protection, if the application is made within twelve months from the date of earlier application.

Examination

The Registrar will conduct a formal examination to determine the filing date. If the application fails to meet the requirements, the applicant will be invited to file a correction.
Substantive examination will then be conducted by the Registrar to determine whether the invention is novel, non-obvious, useful and if it meets the required criteria for patentability.

Publication

After eighteen months from the filing date, the Registrar will open the application for public inspection and notice of this act will be published in the Official Gazette. Any interested party can file a notice of opposition with the Registrar after the publication.

Grant

If the Registrar determines that the requirements have been met, he shall grant the patent to the applicant for a duration of 20 years from the filing date.
In cases where the Registrar refuses the application, the applicant will be notified of the decision.