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GENERAL INFO
RO
NATIONAL CHAPTER
GM - Useful information
GM - International Phase
GM - Annex B - Information on Contracting States or Intergovernmental Organization
GM - Annex C - Receiving Office
GM - National Phase
GM - Summary of requirements for entry into the national phase
GM - The procedure in the national Phase
GM - Annexes
WIPO - PCT Applicant's Guide
GM - Gambia
Registrar General's Department, Ministry of Justice (Gambia)
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Applicable as from
15 September 2023
(published on 21 June 2024)
Summary of latest changes in this version
From now on, you will find here a summary of changes to each new version of the PCT Applicant's Guide, as well as the detailed list of these changes. Moreover, you can now easily access the historical versions of the Guide.
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, Ministry of Justice (Gambia)
IPA: Industrial Property Act (Cap.95:03), 2 April 2007
IPR: Industrial Property Regulations, 1 January 2011
List of currencies used in this document:
GMD (Dalasi), 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:
Gambia
Two-letter code:
GM
Gambia - Registrar General's Department, Ministry of Justice (Gambia)
Name of Office:
Registrar General's Department, Ministry of Justice (Gambia)
Location:
Marina Parade
Banjul
Gambia
Mailing address:
Same as above
Telephone:
(220) 422 84 50
(220) 422 86 65
(220) 314 10 05
E-mail:
info@moj.gov.gm
colleyabdoulie@yahoo.com
Website:
http://www.moj.gov.gm
Facsimile:
None
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
No
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)
,
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: GM
ARIPO protection: AP
Types of protection available via the PCT:
National:
Patents
Utility models
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 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?
No
For an ARIPO patent
Refer to
Annex B(AP)
Annex C - Receiving Office
The Office does not act as receiving Office
This Office has delegated its RO functions to RO/AP. Refer to
Annex C(AP)
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)(b): 31 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, 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 amounts in USD are applicable only for applicants who are not residents of Gambia.
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
Patents
Filing fee
Includes examination, grant and publication
5,000 GMD
or 400 USD
Utility models
Filing fee
2,500 GMD
or 200 USD
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.
Appointment of an agent if the applicant is not resident in the Gambia (a power of attorney must be furnished)
Who can act as agent?
Any attorney or patent attorney registered in the Gambia
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
GM.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).
GM.02 FEES (MANNER OF PAYMENT)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex GM.I.
GM.03 REPRESENTATION
IPA Sec. 38,
IPR Sec. 6
Where the ordinary residence or principal place of business of the applicant is outside Gambia, she/he has to appoint an agent who is a legal practitioner resident and practicing in Gambia. This may be done on Form A1, a model of which is given in Annex GM.II.
GM.04 EXAMINATION
IPA Sec. 10(3),
IPA Sec. 10(4),
IPR Sec. 20(1)
The Office will examine the application as to substance.
GM.05 ANNUAL FEES
IPA Sec. 13(3)
Annual fees must be paid in advance to the Registrar General for each year, starting one year after the filing date of the application for grant of the patent. A period of grace of six months is granted for the payment of the annual fee upon payment of a prescribed surcharge. In case of non-payment of the annual fee, the patent application shall be deemed to have been withdrawn or the patent shall lapse. The payment of each annual fee shall be accompanied by a statement on Form P8, a model of which is given in Annex GM.IV.
GM.06 PUBLICATION OF APPLICATIONS
IPA Sec. 39(3),
IPR Sec. 48
All applications are published in the official bulletin (The Gambia Gazette) within two months after entry into the national phase.
GM.07 AMENDMENT OF THE APPLICATION
IPA Sec. 7(2),
IPR Sec. 28(2)
The applicant may amend the application, provided that the amendment shall not go beyond the disclosure of the initial application. An amendment of the application shall be made on Form P3, a model of which is given in Annex GM.III.
GM.08 UTILITY MODEL
IPA Sec. 16
Subject to paragraph GM.09, if the applicant wishes to obtain a utility model instead of a patent in Gambia, on the basis of an international application, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office. The fees relating to utility models are indicated in Annex GM.I.
GM.09 CONVERSION OF PATENT APPLICATION INTO UTILITY MODEL APPLICATION
IPA Sec. 18
An international application for a patent may be converted into a utility model application and
vice versa
at any time before the grant or refusal of a patent, upon payment of the prescribed fee. The converted application will have the filing date of the initial application. An application may not be converted more than once.
GM.10 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 24(2),
PCT Art. 48(2),
PCT Rule 82
bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. At the Director General’s discretion, the applicant may be given an extension of any time limit prescribed by the Regulations and the Administrative Instructions. Such extension may be granted even if the time limit has already expired.
Annexes
Annex GM.I - Fees
The amounts in USD are applicable only for applicants who are not residents of Gambia.
Patents
Filing fee (includes examination, grant and publication)
5,000 GMD
400 USD
Amendment of patent application or priority claim
1,500 GMD
120 USD
Request for correction of patent application
None
Record of particulars of patent registration
None
Certificate of Grant of Patent
None
Annual fees:
— for the 1
st
year
250 USD
— for the 2
nd
year to the 9
th
years
per year, 300 USD
— for the 10
th
year
400 USD
— for the 11
th
year
500 USD
— for the 12
th
year
600 USD
— for the 13
th
year
700 USD
— for the 14
th
year
800 USD
— for the 15
th
year
900 USD
— for the 16
th
year
1,000 USD
— for the 17
th
year
1,100 USD
— for the 18
th
year
1,200 USD
— for the 19
th
year
1,300 USD
Utility models
Filing fee
2,500 GMD
200 USD
How can payment of fees be effected?
Payment of fees must be effected in Gambian dalasi or US Dollar
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
Forms
The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
Annex GM.II - Power of attorney (Form A1)
Annex GM.III - Amendment of patent application or priority claim (Form P3)
Annex GM.IV - Statement accompanying Payment of Annuity (Form P8)
Change(s) as of
15 September 2023
(
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.
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