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GENERAL INFO
RO
NATIONAL CHAPTER
GH - Useful information
GH - International Phase
GH - Annex B - Information on Contracting States or Intergovernmental Organization
GH - Annex C - Receiving Office
GH - National Phase
GH - Summary of requirements for entry into the national phase
GH - The procedure in the national Phase
GH - Annexes
GH - Ghana
Registrar General's Department (Ghana)
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Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, 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: Registrar General's Department (Ghana)
PL: Patent Law, 1992
PR: Patent Regulations, 1996
List of currencies used in this document:
GHS (Ghanaian cedi), 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:
Ghana
Two-letter code:
GH
Ghana - Registrar General's Department (Ghana)
Name of Office:
Registrar General's Department (Ghana)
Location:
Opposite the Ghana Newsagency Building
Accra
Ghana
Mailing address:
P.O. Box 118
Accra
Ghana
Telephone:
(233-21) 666 469
(233-21) 666 081
(233-21) 664 691-3
E-mail:
regengh@ncs.com.gh
Website:
None
Facsimile:
(233-21) 662 043
(233-21) 665 363
(233-21) 667 609
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, if the transmitted document is the international application, a replacement sheet containing corrections or amendments of the international application, a power of attorney or a deed of assignment
No, only upon invitation in the case of other documents
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
Express Mail Service
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
)?
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)
,
GH
Ghana - Registrar General's Department (Ghana)
,
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: GH
ARIPO protection: AP
Types of protection available via the PCT:
National:
Patents
Utility 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):
Section 19(1) of the Patent Law, 1992 (PNDCL 305A)
Provisional protection after international publication:
Where the designation is made for the purposes of a national patent:
Section 26 of the Patent Law, 1992, provides that the relief specified in Section 59 of that Law may be requested in respect of acts committed before the grant of the patent but after the date of international publication under PCT Article 21, provided the international publication was effected in English. Where the international publication was effected in a language other than English, these provisions shall apply, provided the applicant had transmitted an English translation of said international publication to the infringer and only in respect of acts committed by the infringer after he had received the translation.
Where the designation is made for the purposes of an ARIPO patent:
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
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:
Ghana
Language in which international applications may be filed:
English
Number of copies required by the receiving Office if application filed on paper:
3
Does the receiving Office accept the filing of international applications in electronic form?
Information not yet available
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26
bis
.3)?
Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests
Competent International Searching Authority:
AT
Austria - Austrian Patent Office
,
AU
Australia - Australian Patent Office
,
CN
China - China National Intellectual Property Administration (CNIPA)
,
EP
European Patent Organisation - European Patent Office (EPO)
,
SE
Sweden - Swedish Intellectual Property Office (PRV)
Competent International Preliminary Examining Authority:
AT
Austria - Austrian Patent Office
,
AU
Australia - Australian Patent Office
,
CN
China - China National Intellectual Property Administration (CNIPA)
1
,
EP
European Patent Organisation - European Patent Office (EPO)
2
,
SE
Sweden - Swedish Intellectual Property Office (PRV)
Fees payable to the receiving Office:
Transmittal fee:
— for individuals or entities employing less than 25 persons:
2,500 GHS
— for entities employing 25 persons or more:
5,000 GHS
International filing fee:
1,435 USD
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
16 USD
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Search fee:
Refer to
Annex D(AT)
Annex D(AU)
Annex D(CN)
Annex D(EP)
Annex D(SE)
Fee for priority document (PCT Rule 17.1(b)):
20 USD
Is an agent required by the receiving Office?
No, if the applicant resides in Ghana
Yes, if the applicant is a non-resident
Who can act as agent?
Any attorney or lawyer registered in Ghana
An engineer or other qualified scientist recognized for that purpose by the Registrar at the Registrar’s discretion
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(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).
English
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, as amended only), 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, only 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:
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
The amount in parentheses is applicable in case of filing by an individual or by an entity employing less than 25 persons
Patents
National processing fee
100,000 GHS
(50,000 GHS)
Annual fees:
— for the 1
st
year
10,000 GHS
(5,000 GHS)
— for the 2
nd
year
20,000 GHS
(10,000 GHS)
— for the 3
rd
year
30,000 GHS
(15,000 GHS)
Utility certificates
National processing fee
50,000 GHS
(25,000 GHS)
Annual fees:
— for the 1
st
year
10,000 GHS
(5,000 GHS)
— for the 2
nd
year
20,000 GHS
(10,000 GHS)
— for the 3
rd
year
30,000 GHS
(15,000 GHS)
Exemptions, reductions or refunds of fees:
None
Special requirements of the Office (PCT Rule 51
bis
):
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.
Document evidencing a change of name of the applicant if the change occurred after the international filing date
Document of assignment or transfer if the applicant has changed after the international filing date and the change has not been reflected in a notification from the International Bureau (Form PCT/IB/306)
International application or translation to be furnished in three copies
Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in computer readable form
Declaration justifying the applicant’s right to a patent if he is not the inventor
3
Appointment of an agent if the applicant is not resident in Ghana
Who can act as agent?
Any attorney or lawyer registered in Ghana or any engineer or other qualified scientist registered to practice before the Office
Does the Office accept requests for restoration of the right of priority (PCT Rule 49
ter
.2)?
Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests
The procedure in the national Phase
GH.01 TRANSLATION (CORRECTION)
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).
GH.02 FEES (MANNER OF PAYMENT)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex GH.I.
GH.03 AMENDMENT OF THE APPLICATION; TIME LIMITS
PL Sec 14(1)
The applicant may amend or correct the claims, description, and drawings in the international application at any time during the national phase provided that the amendment does not go beyond the disclosure in the application as originally filed.
GH.04 APPEALS; TIME LIMITS
PL Sec 22
The applicant may appeal to the Patent Tribunal against any decision by which the Registrar rejects the application, considers any of the claims to be withdrawn or refuses to grant a patent, within one month from the date on which he is notified of such decision.
GH.05 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 28,
PCT Art. 41
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. Time limits may be extended at the discretion of the Registrar and may be extended even if the time or period for doing the act of taking the proceeding has already expired.
GH.06 UTILITY CERTIFICATE
Any desire of the applicant to obtain, in Ghana, on the basis of the international application, a utility certificate instead of a patent should be indicated in the international application (in Box No.V of the request) when filed.
GH.07 CONVERSION
PL Sec 66(1),
PL Sec 66(2)
At any time before the grant or the notification of rejection of the application or of refusal to grant, the applicant may, upon payment of the prescribed fee, convert his application for a patent into an application for a utility certificate, and
vice versa
.
GH.08 PRIORITY DOCUMENT (TRANSLATION)
A translation of the priority document into English must be furnished in all cases. If the translation of the priority document is not furnished, the Office will invite the applicant to furnish it within three months from entry into the national phase.
GH.09 ANNUAL FEES
PL Sec 32(1),
PL Sec 32(2),
PL Sec 32(3),
PL Sec 32(4)
Annual fees must be paid in advance starting with the second year after the international filing date. A period of grace of six months is granted for the payment of the annual fee upon payment of a prescribed surcharge. Within 12 months from the expiration of the period of grace, any interested person may, upon payment of the prescribed fee, request the Registrar to restore the international application that is deemed to have been withdrawn, or a patent that has lapsed, because of non-payment of the annual fee.
GH.10 REVIEW UNDER ARTICLE 25
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged with the patent Tribunal within one month from the date of notification of the decision.
Annexes
Annex GH.I - Fees
The amount in parentheses is applicable in case of filing by an individual or by an entity employing less than 25 persons
Patents
National processing fee.
100,000 GHS
(50,000 GHS)
Annual fees:
— for the 1
st
year
10,000 GHS
(5,000 GHS)
— for the 2
nd
year
20,000 GHS
(10,000 GHS)
— for the 3
rd
year
30,000 GHS
(15,000 GHS)
— for the 4
th
year
40,000 GHS
(20,000 GHS)
— for the 5
th
year
50,000 GHS
(25,000 GHS)
— for the 6
th
year
60,000 GHS
(30,000 GHS)
— for the 7
th
year
70,000 GHS
(35,000 GHS)
— for the 8
th
year
80,000 GHS
(40,000 GHS)
— for the 9
th
year
90,000 GHS
(45,000 GHS)
— for the 10
th
year
100,000 GHS
(50,000 GHS)
— for the 11
th
year
150,000 GHS
(75,000 GHS)
— for the 12
th
year
250,000 GHS
(125,000 GHS)
— for the 13
th
year
300,000 GHS
(150,000 GHS)
— for the 14
th
year
350,000 GHS
(175,000 GHS)
— for the 15
th
year
400,000 GHS
(200,000 GHS)
— for the 16
th
year
450,000 GHS
(225,000 GHS)
— for the 17
th
year
500,000 GHS
(250,000 GHS)
— for the 18
th
year
550,000 GHS
(275,000 GHS)
— for the 19
th
year
600,000 GHS
(300,000 GHS)
Surcharge for extension of time for payment of annual fees:
— not exceeding one month
2,000 GHS
(1,000 GHS)
— not exceeding two months
4,000 GHS
(2,000 GHS)
— not exceeding three months
6,000 GHS
(3,000 GHS)
— up to six months
12,000 GHS
(6,000 GHS)
Utility certificates
National processing fee.
50,000 GHS
(25,000 GHS)
Annual fees:
— for the 1
st
year
5,000 GHS
(2,500 GHS)
— for the 2
nd
year
10,000 GHS
(5,000 GHS)
— for the 3
rd
year
15,000 GHS
(7,500 GHS)
— for the 4
th
year
20,000 GHS
(10,000 GHS)
— for the 5
th
year
25,000 GHS
(12,500 GHS)
— for the 6
th
year
30,000 GHS
(15,000 GHS)
Fee for conversion of an application for a utility certificate into an application for a patent, and
vice versa
.
50,000 GHS
(25,000 GHS)
How can payment of fees be effected?
Payment of fees must be effected in Ghanaian cedis. All payments must indicate the application number (national if already known; international if the national number is not yet known), the name of the applicant and the type of fee being paid
Payment may be effected:
(i) by cash payment at the office
(ii) by check;
(iii) by payment into the account No. 4 at the Bank of Ghana, Accra
Forms
The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
Annex GH.II - Form for entry into the national phase
Notes:
1
^
a
The Office is competent only if the international search is or has been carried out by that Office.
2
^
a
The Office is competent only if the international search is or has been carried out by that Office, by the Austrian Patent Office or by the Swedish Intellectual Property Office (PRV).
3
^
a
This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
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