BW - Botswana
Companies and Intellectual Property Authority (CIPA) (Botswana)

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2024, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
List of abbreviations used in this document:
Office: Companies and Intellectual Property Authority (CIPA) (Botswana)
IP Act: Industrial Property Act, 2010
List of currencies used in this document:
BWP (Pula), USD (US dollar)
Countries and Offices information:
The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.
Office profile
For more technical information about the Office, refer to ePCT Office profile.
PCT Reservations, Declarations, Notifications and Incompatibilities
The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.
Office Closed dates
The Office is closed weekly on Saturday and Sunday
Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:
Botswana
Two-letter code:
BW
Botswana - Companies and Intellectual Property Authority (CIPA) (Botswana)
Name of Office:
Companies and Intellectual Property Authority (CIPA) (Botswana)
Location:
Plot 181
Kgale Mews
Gaborone
Botswana
Mailing address:
P.O. Box 102
Gaborone
Botswana
Telephone:
(267) 318 87 54
(267) 367 37 00
E-mail:
feedback@cipa.co.bw
Website:
Facsimile:
(267) 318 81 30
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
Yes, by facsimile
Which kinds of documents may be so transmitted?
All kinds of documents
Must the original of the document be furnished in all cases?
Yes, 
within one month from the date of the transmission, without invitation
Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
Yes
Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
No
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
AP
African Regional Intellectual Property Organization - African Regional Intellectual Property Organization (ARIPO)
, 
BW
Botswana - Companies and Intellectual Property Authority (CIPA) (Botswana)
, 
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
Does national legislation restrict the filing of international applications with foreign Offices?
Refer to the Office
Competent designated (or elected) Office(s) for this State:
National protection: BW
ARIPO protection: AP
Types of protection available via the PCT:
National:
Patents, 
Utility model certificates

ARIPO:
Patents, 
Utility models (a utility model may be sought instead of or in addition to an ARIPO patent)
Availability under the national law for an international-type search (PCT Article 15):
None
Provisional protection after international publication:
None
Information of interest if this Contracting State is designated (or elected)
For national protection
Time when the name and address of the inventor must be given:
Must be in the request. If the data concerning the inventor are missing at the expiration of the time limit under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of receipt of the invitation.
Are there special provisions concerning the deposit of microorganisms and other biological material?
No
For an ARIPO patent
Refer to Annex B(AP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
Botswana
Language in which international applications may be filed:
English
Language in which the request may be filed:
English
Number of copies required by the receiving Office if application filed on paper:
3
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests
Competent International Searching Authority:
EP
European Patent Organisation - European Patent Office (EPO)
Competent International Preliminary Examining Authority:
EP
European Patent Organisation - European Patent Office (EPO)
Fees payable to the RO:
Transmittal fee:
32 USD
International filing fee:
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
1,457 USD
Fee per sheet in excess of 30:
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
16 USD
Search fee:
Refer to
Annex D(EP)
Fee for priority document (PCT Rule 17.1(b)):
Please refer to the Office
Is an agent required by the receiving Office?
No, if the applicant resides in Botswana
Yes, if the applicant is a non-resident
Who can act as agent?
Any attorney or lawyer registered in Botswana
Waiver of power of attorney:
Has the Office waived the requirement that a separate power of attorney be submitted?
Refer to the Office
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
Refer to the Office

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:
Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date
Translation of international application required into (one of) the following language(s):
English
Required contents of the translation for entry into the national phase:
Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended), any text matter of drawings, abstract
Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)
Is a copy of the international application required in particular circumstances?
No
National fees:
The first amount is applicable in case of filing by individuals and small entities whose number of employees does not exceed 100 persons.
The amount in parentheses is applicable in case of filing by companies other than small entities.
Patents
Application fee
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
150 BWP
(300 BWP)
Annual fee for the 1st year
30 BWP
(60 BWP)
Utility model certificates
Application fee
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
90 BWP
(180 BWP)
Annual fee for the 1st year
50 BWP
(100 BWP)
Exemptions, reductions or refunds of fees:
Reductions of the national fee are indicated under “National fee” above.
Special requirements of the Office (PCT Rule 51bis):
Appointment of an agent if the applicant is not a resident of Botswana
If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
Name and address of the inventor if they have not been furnished in the “Request” part of the international application
This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within two months from the date of the invitation.
Evidence of entitlement to file where the applicant is not the inventor
This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within two months from the date of the invitation.
Document evidencing a change of name or person of the applicant if the change occurred after the international filing date and has not been reflected in a notification from the International Bureau (Form PCT/IB/306)
If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within two months from the date of the invitation.
Who can act as agent?
Any attorney or lawyer registered in Botswana
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
Yes, the Office applies the “due care” criterion to such requests

The procedure in the national Phase

BW.01 FORM FOR ENTERING THE NATIONAL PHASE
The Office has available a special form for entering the national phase (refer to Annex BW.II). This form should preferably (but need not) be used.
BW.02 TRANSLATION (CORRECTION)
Errors in the translation of the international application can be corrected with reference to the text of the international application as originally filed (refer to National Phase, paragraphs 6.002 and 6.003).
BW.03 FEES (MANNER OF PAYMENT)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex BW.I.
BW.04 EXAMINATION
IP Act Sec. 22, IP Act Sec. 23
All applications shall be examined prior to grant of a patent. Substantive examination of the patent application will be carried out by the African Regional Intellectual Property Organization (ARIPO).
BW.05 POWER OF ATTORNEY
IP Act Sec. 130
An agent must be appointed by filing a power of attorney if the applicant is not a resident of Botswana. If a power of attorney is not filed at the time of entry into the national phase, it may be filed within one month from the date of filing of the application. The Registrar may, upon request by the applicant, extend the time for filing the power of attorney.
BW.06 ANNUAL FEES
IP Act Sec. 28
Annual fees are payable for the first and each subsequent year following the international filing date. Annual fees are due on the eve of each anniversary of the international filing date. Payment of annual fees may still be made within 6 months from the due date, subject to the payment of a surcharge. The amounts of the annual fees and the surcharge fee for late payment are indicated in Annex BW.I.
BW.07 AMENDMENT OF THE APPLICATION
IP Act Sec. 13
The applicant may, at any time before the patent is granted, make amendments to his application, provided that the amendment does not go beyond the original disclosure. Any amendment shall be subject to the payment of a fee (refer to Annex BW.I).
BW.08 FEE FOR GRANT
A fee for grant must be paid (refer to Annex BW.I).
BW.09 CONVERSION
IP Act Sec. 18, IP Act Sec. 44
An international application for a patent may be converted into a utility model, and vice versa, after the applicant has complied with the requirements for entry into the national phase. Conversion may be requested at any time before the grant or refusal of a patent. The conversion is subject to the payment of a fee indicated in Annex BW.I.
BW.10 PATENT TERM
IP Act Sec. 28
The patent term expires at the end of 20 years from the filing date.
BW.11 RESTORATION OF THE RIGHT OF PRIORITY
IP Act Sec. 17(8)
A request for the restoration of the right of priority may be filed with the Office where the applicant, in spite of all due care required by the circumstances, failed to timely file the international application within the priority period (refer to National Phase, paragraphs 6.006 - 6.011).

Annexes

Annex BW.I - Fees
Fees are reduced by 50% if the applicant is an individual or a small entity whose number of employees does not exceed 100 persons.
Patents
Application fee
300 BWP
Annual fees:
— for the 1st year
60 BWP
— for the 2nd year
240 BWP
— for the 3rd year
300 BWP
— for the 4th year
340 BWP
— for the 5th year
400 BWP
— for the 6th year
440 BWP
— for the 7th year
480 BWP
— for the 8th year
540 BWP
— for the 9th year
580 BWP
— for the 10th year
640 BWP
— for the 11th year
680 BWP
— for the 12th year
720 BWP
— for the 13th year
780 BWP
— for the 14th year
820 BWP
— for the 15th year
880 BWP
— for the 16th year
920 BWP
— for the 17th year
960 BWP
— for the 18th year
1,020 BWP
— for the 19th year
1,060 BWP
— for the 20th year
1,120 BWP
Surcharge for late payment of annual fees
100 BWP
Grant and publication fee
300 BWP
Fee for amendment of application
40 BWP
Fee for conversion of an application for a patent into an application for a utility model and vice versa
140 BWP
Utility models
Application fee
180 BWP
Annual fees:
— for the 1st year
100 BWP
— for the 2nd year
120 BWP
— for the 3rd year
140 BWP
— for the 4th year
160 BWP
— for the 5th year
180 BWP
— for the 6th year
200 BWP
— for the 7th year
220 BWP
Surcharge for late payment of annual fees
100 BWP
Grant and publication fee
300 BWP
Fee for amendment of application
40 BWP
Fee for conversion of an application for a patent into an application for a utility model and vice versa
140 BWP
How can payment of fees be effected?
The payment of fees to the Office must be effected in Botswana pula. All payments must indicate the application number, the name of the applicant and the type of fee being paid.
Forms
The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
Annex BW.II - Request for entry into the national phase
Special edition as of 31 October 2024, prepared for EQE candidates printed on 21 Dec 2024
2.0 #63 - 2024-11-04T12:26:35.870+01:00