PCT Applicant's Guide Djibouti EQE - Valid as from 31 Oct 2024

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

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: Office of Industrial Property and Commerce of Djibouti (ODPIC)

DPL : Law No. 50/AN/09/6^th L on the Protection of Industrial Property

DL 079 : Decree No. 2011-079/PR/MDCC implementing Law No. 50/AN/09/6^th L

List of currencies used in this document:

DJF (Djibouti franc), 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 Friday and Saturday

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:

Djibouti

Two-letter code:

Name of Office:

Office of Industrial Property and Commerce of Djibouti (ODPIC)

Location:

Plateau du Serpent
Avenue Mohamed Dileita
Immeuble Lyautey
Ville de Djibouti
Djibouti

Mailing address:

BP 2017
Ville de Djibouti
Djibouti

Telephone:

(253) 21 35 60 11

E-mail:

dj.epct@odpic.dj

Website:

http://www.odpic.dj

Facsimile:

(253) 21 35 60 92

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by e-mail

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, if the transmitted document is the international application or a replacement sheet containing corrections or amendments of an international application

Does the Office send notifications via e-mail in respect of international applications?

Yes

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, provided that the delivery service is:

DHL,

Federal Express

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)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

DJ,

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:

Refer to corresponding National Phase.

Types of protection available via the PCT:

Certificates of addition,

Patents

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)

Time when the name and address of the inventor must be given:

May be in the request or may be furnished later. 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.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Djibouti

Language in which international applications may be filed:

If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3).

Arabic,

English,

French

Language accepted for language-dependent free text in the sequence listing:

Arabic,

English,

French,

or English and another filing language

Language in which the request may be filed:

Arabic,

English,

French

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

For the relevant notifications by the Office, refer to Official Notices (PCT Gazette) dated 14 October 2021, pages 166 et seq. and 1 September 2022, page 239.

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).

Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).

Yes, the Office accepts electronic filing via ePCT-Filing

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

Competent International Searching Authority:

AT,

EG,

Competent International Preliminary Examining Authority:

AT,

The Office is competent only if the international search is or has been carried out by that Office or by the Austrian Patent Office.

Fees payable to the RO:

Transmittal fee:

None

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

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

219 USD

Electronic filing (the request, description, claims and abstract in character coded format):

329 USD

Search fee:

Refer to
Annex D(AT)
Annex D(EG)
Annex D(EP)

Fee for priority document (PCT Rule 17.1(b)):

None

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

None

Is an agent required by the receiving Office?

No, if the applicant resides in Djibouti
Yes, if the applicant is a non-resident

Who can act as agent?

Any natural or legal person resident in Djibouti

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Particular instances in which a separate power of attorney is required:

Not applicable

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Particular instances in which a copy of a general power of attorney is required:

Not applicable

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

None

— any additional indications:

None

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

To the extent available to the applicant, relevant information on the characteristics of the microorganism

Additional information

For the purposes of patent procedure before the Office of Industrial Property and Commerce of Djibouti (ODPIC), a deposit is required not later than at the date of filing the international application. A receipt attesting the deposit and its acceptance issued by the depositary institution with which the microorganism was deposited must be submitted to ODPIC within the time limit applicable under PCT Article 22 or 39(1).

Where the biological material has been deposited by a person other than the applicant, the reference to such a deposit must include the name and address of the depositor and a statement that the latter has authorized the applicant to refer to the deposited biological material in the application and has given his unreserved and irrevocable consent to the deposited material being made available to the public.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date

Translation of international application required into (one of) the following language(s):

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Arabic,

English,

French

Required contents of the translation for entry into the national phase:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

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?

National fees:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Patents

Filing fee

172,500 DJF

Certificate of addition

Filing fee

172,500 DJF

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

Appointment of an agent if the applicant is not resident in Djibouti

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.

Statement or notice as to the applicant’s entitlement to apply for and be granted a patent

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Statement or notice as to the applicant’s entitlement to claim priority of the earlier application

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Instrument of assignment of the international application if the applicant has changed after the international filing date

Who can act as agent?

Any natural or legal person resident in Djibouti

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

The procedure in the national Phase

DJ.01 FORM FOR ENTERING THE NATIONAL PHASE

The Office has available a special form for entering the national phase (refer to Annex DJ.II). This form should preferably (but need not) be used.

DJ.02 TRANSLATION (CORRECTION)

PCT Art. 46
Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

DJ.03 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex DJ.I.

DJ.04 INVENTOR

DPL 18
The indication of the name of the inventor is required and must be furnished, at the latest, at the time of entry into the national phase. If the applicant has not complied with the requirement within the prescribed time limit under PCT Article 22 or 39(1), the Office will invite him to comply within a time limit of three months from the receipt of the invitation. If the inventor is an employee, in the absence of any more favorable contractual provision for the employee, the inventions made by the employee belong to the employer if the employment contract specifies the inventive character of the employee’s work.

DJ.05 EXAMINATION

DPL 41
The Office will base the grant of the patent on the results of the international search and examination.

DJ.06 GRANT OF THE PATENT

DPL 47
Patents are granted after expiry of the three-month time limit from the date of publication of the patent application, provided that there is no opposition.

DJ.07 APPOINTMENT OF AN AGENT

DPL 4
If the applicant does not reside in Djibouti, an agent domiciled or registered to practice in Djibouti, must be appointed. A power of attorney is required.

DJ.08 AMENDMENT OF THE APPLICATION

PCT Art. 28, PCT Art. 41, DPL 41
Amendments or corrections may be made in the national phase up to the grant of the patent, provided that the scope of the subject matter of the application is not broadened thereby (subject to the payment of the fee for amendment indicated in Annex DJ.I).

DJ.09 CERTIFICATE OF ADDITION

DPL 30
The applicant may, upon entry into the national phase, apply for a certificate of addition or a patent. Upon request of the applicant, an application for a certificate of addition may be converted into an application for a patent at any time before grant of the certificate of addition. The conversion into an application for a patent takes effect from the date of the international filing date of the application.

DJ.10 MAINTENANCE FEE

DPL 81, DL079 Art. 39
A maintenance fee is due as from the sixth year after the international filing date until the expiration of the patent protection period. It has to be paid for each period of five years. The payment has to be made at the latest on the anniversary of the international filing date. Payment can be made together with a surcharge for late payment (refer to Annex DJ.I) within an additional period of six months from the date of anniversary of the international filing date.

DJ.11 RESTORATION OF A LAPSED PATENT

DPL 81
If a patent lapses through non-payment of maintenance fees, an application for restoration may be made within three months from the date when the patent has lapsed and subject to the payment of fees before the expiration of the three-month period.

DJ.12 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase.

DJ.13 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24.2, PCT Art. 48.2, PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

DJ.14 REINSTATEMENT OF RIGHTS

PCT Art. 37, PCT Rule 49.6
Reinstatement of rights may be requested within six months following the expiration of the time limit to enter the national phase, where the applicant, in spite of due care required by the circumstances having been taken, failed to perform the acts referred to in Article 22 within the applicable time limit. The request for reinstatement of rights (late entry into the national phase) must justify that the delay was unintentional, and the prescribed fee must be paid. The ODPIC will decide whether reinstatement of rights may be granted within a delay of seven days from receipt of the request.

Annexes

Annex DJ.I - Fees

Patents

Filing fee (comprising examination fee, grant fee, publication fee and maintenance fees for the first 5 years)

172,500 DJF

Fee for amendment

10,000 DJF

Maintenance fees :

— for the 6^th to the 10^th years

75,000 DJF

— for the11^th to the 15^th years

100,000 DJF

— for the 16^th to the 20^th years

125,000 DJF

Surcharge for late payment of maintenance fee

20,000 DJF

Fee for restoration of the right of priority

None

Fee for reinstatement of rights (late entry into the national phase)

20,000 DJF

Certificates of addition

Filing fee

172,500 DJF

Fee for amendment

10,000 DJF

Maintenance fees :

— for the 6^th to the 10^th years

75,000 DJF

— for the 11^th to the 15^th years

100,000 DJF

— for the 16^th to the 20^th years

125,000 DJF

Surcharge for late payment of maintenance fees

20,000 DJF

How can payment of fees be effected?

The payment of fees must be effected in Djibouti francs or the equivalent amount in US dollars. All payments must give the application number (national if already known ; international if the national number is not yet known), the name of the applicant and the category of fee being paid

The payment of fees can be effected in cash, by check or by bank transfer into the following account :

Beneficiary
Office of Industrial Property and Commerce of Djibouti (ODPIC)
BP 2017
Djibouti

Name of the bank
Bank of Africa
mer Rouge

Account No. 10760930000

IBAN
DJ21 1000 2010 0110 7609 3000 007

SWIFT
MRINDJJD

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex DJ.II - Request for entry into the national phase for a patent or a certificate of addition

Annex DJ.III - Statement of invention of an employee during the national phase

Processing

DJ - Djibouti
Office of Industrial Property and Commerce of Djibouti (ODPIC)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

DJ - Djibouti Office of Industrial Property and Commerce of Djibouti (ODPIC)

Error Information Warning Confirmation

DJ - Djibouti
Office of Industrial Property and Commerce of Djibouti (ODPIC)