MG - Madagascar
Industrial Property Office of Madagascar

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: Industrial Property Office of Madagascar
OPPI: Ordinance establishing arrangements for the protection of industrial property
DA: Decree applying the ordinance
List of currencies used in this document:
MGA (Malagasy Ariary)
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:
Madagascar
Two-letter code:
MG
Madagascar - Industrial Property Office of Madagascar
Name of Office:
Industrial Property Office of Madagascar
Location:
LOT VH 69 Volosarika Ambanidia
Antananarivo 101
Madagascar
Mailing address:
B.P. 8237
Antananarivo 101
Madagascar
Telephone:
(261-34) 43 152 36
(261-34) 87 581 10
E-mail:
omapi@moov.mg
Website:
Facsimile:
None
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
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, 
Any other service which is recognized worldwide and is available in Madagascar
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:
Refer to corresponding Annex C.
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:
Refer to corresponding National Phase.
MG
Madagascar - Industrial Property Office of Madagascar
Types of protection available via the PCT:
Certificates of addition, 
Patents
Availability under the national law for an international-type search (PCT Article 15):
Article 51 of Ordinance No. 89-019 on the Protection of Industrial Property in Madagascar
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:
Must be in the request. 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 four months from the date of receipt of the invitation.
Are there special provisions concerning the deposit of microorganisms and other biological material?
No

Annex C - Receiving Office

The Office does not act as receiving Office
This Office has delegated its RO functions to RO/IB. Refer to Annex C(IB) for more information.

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 within the time limit applicable under PCT Article 22 or 39(1).
French
Required contents of the translation for entry into the national phase:
Must be furnished within the time limit applicable under PCT Article 22 or 39(1).
Under PCT Article 22: Description, claims (if amended, only as amended, together with any statement under PCT Article 19), 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:
The amount in parentheses is applicable if the applicant is a natural person who resides in, or a legal entity whose head office is in, one of the States specified in the schedule of fees attached to Order No.12285/2013 (refer to http://www.omapi.mg/taxes_brevet.html). If there are two or more applicants, each applicant must satisfy these criteria.
Filing fee, including the fee for grant and publication
If not already paid within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to pay the filing fee within a time limit of four months from the date of receipt of the invitation.
180,000 MGA
(144,000 MGA)
Annual fees:
The fee for the third year must be paid within 24 months from the international filing date or within 30 months from the priority date if that 30-month time limit expires later.
— for the 3rd year:
125,000 MGA
(100,000 MGA)
Exemptions, reductions or refunds of fees:
Reductions to the national fees are indicated in Annex MG.I
Special requirements of the Office (PCT Rule 51bis):
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 of four months from the date of receipt of 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.
Deed of assignment or declaration concerning the inventor and the right of the applicant to apply for a patent
This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
Declaration by the applicant concerning his right to claim priority of the earlier application, if he did not apply himself for that earlier application
This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
Appointment of an agent if applicant is not resident in Madagascar
Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in computer readable form
Who can act as agent?
A list of registered patent agents is available on the website of the Office at: http://www.omapi.mg/listes_des_mandataires.html.
Any patent agent resident in Madagascar having the right to practice before the Office
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.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

MG.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).
MG.02 FEES (MANNER OF PAYMENT)
DA Art. 11(I)
The manner of payment of the fees referred to in the Summary and in this Chapter is outlined in Annex MG.I.
MG.03 ASSIGNMENT
DA Art. 11(c)
Where the applicant is not the inventor, a deed of assignment or a declaration concerning the inventor and the applicant’s right to apply for a patent must be furnished. A model of the assignment (in Malagasy, French and English) is reproduced in Annex MG.II.
MG.04 POWER OF ATTORNEY
OPPI Art. 132, DA Art. 11(e)
An agent must be appointed by filing a power of attorney. A model (in Malagasy, French and English) is reproduced in Annex MG.III.
MG.05 ANNUAL FEES
OPPI Art. 32, DA Art. 56
They must be paid before each anniversary date of the international filing date, as from the third. For the time limits of payment of the first annual fee, refer to the Summary. Where the applicant does not pay the annual fee in good time, he may still do so within a period of six months after the time limit, subject to a surcharge for late payment. The amounts of the annual fees are given in Annex MG.I.
MG.06 AMENDMENT OF THE APPLICATION; TIME LIMITS
PCT Art. 28, PCT Art. 41, DA Art. 36
Amendments may be made during the national phase up to grant of the patent, provided that the scope of the subject matter is not thereby expanded. An amendment fee must be paid; the amount is given in Annex MG.I.
MG.07 EXAMINATION PROCEDURE
OPPI Arts. 4, OPPI Arts. 5, OPPI Arts. 6, OPPI Arts. 18, OPPI Arts. 25, DA Art. 40
If an international preliminary examination report has been drawn up, the application is subject to an examination for patentability. If no international preliminary examination report has been drawn up, examination is limited to determining whether the invention belongs to a field for which a patent may not be issued and whether the application comprises a description and claims drawn up in accordance with the requirements of national legislation.
MG.08 REVIEW UNDER ARTICLE 25 OF THE PCT
PCT Art. 25, PCT Rule 51, OPPI Art. 33, DA Art. 58
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. A request for review must be submitted together with payment of the restoration fee, the amount of which is given in Annex MG.I. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or of the International Bureau, the decision may be appealed by a request to the competent court within one month of notification of rejection of the request for review.
MG.09 FAILURE TO MEET TIME LIMITS
PCT Art. 24(2), PCT Art. 48(2), OPPI Art. 33, DA Art. 58
Where the applicant has not complied, for reasons beyond his control, with the time limit during the international phase or in the procedure before the Office, a request for restoration may be filed by writing within a period of two months as from the time those reasons cease to apply. The request for restoration has to set out the facts and be accompanied by a restoration fee, the amount of which is given in Annex MG.I. If the request is rejected by the Office, an appeal may be lodged with the competent court within one month as from receipt by the holder or his representative of notification of the refusal of the request.

Annexes

Annex MG.I - Fees
The amount in parentheses is applicable if the applicant is a natural person who resides in, or a legal entity whose head office is in, one of the States specified in the schedule of fees attached to Order No.12285/2013 (refer to http://www.omapi.mg/taxes_brevet.html). If there are two or more applicants, each applicant must satisfy these criteria.
Filing fee, including the fee for grant and publication (covering the first two years)
180,000 MGA
(144,000 MGA)
Fee for each divisional application
10,000 MGA
(8,000 MGA)
Fee for priority claims, per priority claim
65,000 MGA
(52,000 MGA)
Claim fee for each claim in excess of ten
60,000 MGA
(48,000 MGA)
Additional fee for each sheet of the description, in excess of twenty
25,000 MGA
(20,000 MGA)
Fee per amendments or rectification of mistakes, per page modified or replaced
8,000 MGA
(6,400 MGA)
Annual fees:
— before the 3rd anniversary of the filing
125,000 MGA
(100,000 MGA)
— before the 4th anniversary of the filing
125,000 MGA
(100,000 MGA)
— before the 5th anniversary of the filing
125,000 MGA
(100,000 MGA)
— before the 6th anniversary of the filing
380,000 MGA
(304,000 MGA)
— before the 7th anniversary of the filing
380,000 MGA
(304,000 MGA)
— before the 8th anniversary of the filing
380,000 MGA
(304,000 MGA)
— before the 9th anniversary of the filing
380,000 MGA
(304,000 MGA)
— before the 10th anniversary of the filing
380,000 MGA
(304,000 MGA)
— before the 11th anniversary of the filing
650,000 MGA
(520,000 MGA)
— before the 12th anniversary of the filing
650,000 MGA
(520,000 MGA)
— before the 13th anniversary of the filing
650,000 MGA
(520,000 MGA)
— before the 14th anniversary of the filing
650,000 MGA
(520,000 MGA)
— before the 15th anniversary of the filing
650,000 MGA
(520,000 MGA)
— before the 16th anniversary of the filing
750,000 MGA
(600,000 MGA)
— before the 17th anniversary of the filing
750,000 MGA
(600,000 MGA)
— before the 18th anniversary of the filing
750,000 MGA
(600,000 MGA)
— before the 19th anniversary of the filing
750,000 MGA
(600,000 MGA)
— before the 20th anniversary of the filing
750,000 MGA
(600,000 MGA)
Fee for requesting extension of the patent beyond the 15th year
40,000 MGA
(32,000 MGA)
Surcharge for late payment of an annual fee
50,000 MGA
(40,000 MGA)
Restoration fee
65,000 MGA
(52,000 MGA)
How can payment of fees be effected?
Applicants who are not resident in Madagascar must pay all fees (including annual fees) through an agent chosen on the list of agents authorized to practice before the Office.
Forms
The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
Annex MG.II - Deed of assignment
Annex MG.III - Power of attorney
Special edition as of 31 October 2024, prepared for EQE candidates printed on 26 Dec 2024
2.0 #63 - 2024-11-04T12:26:35.870+01:00