PCT Applicant's Guide Lesotho - Valid as from 15 Sep 2023

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 Office (Lesotho)

LPL: Industrial Property Order (Order No. 5, 1989)

LPR: Industrial Property Regulations (Legal Notice No. 85, 1989)

List of currencies used in this document:

CHF (Swiss franc), LSL (Lesotho loti)

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:

Lesotho

Two-letter code:

Name of Office:

Registrar General's Office (Lesotho)

Location:

Maseru
Lesotho

Mailing address:

Law Office
P.O. Box 33
Maseru 100
Lesotho

Telephone:

(266) 22 31 28 56
(266) 22 31 12 51

E-mail:

registrar.general@gov.ls

Website:

None

Facsimile:

(266) 31 04 02
(266) 31 10 92

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

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)?

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

AP,

IB,

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: LS

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 of two months from the date of receipt of the invitation.

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

For an ARIPO patent

Refer to Annex B(AP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Lesotho

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:

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 26bis.3)?

Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

Competent International Searching Authority:

AT,

Competent International Preliminary Examining Authority:

AT,

Fees payable to the RO:

Transmittal fee:

Please refer to the Office.

International filing fee:

Equivalent in LSL of 1,330 CHF

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Fee per sheet in excess of 30:

Equivalent in LSL of 15 CHF

Search fee:

Equivalent in LSL of the search fee payable to the International Searching Authority chosen by the applicant:
Refer to
Annex D(AT)
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 Lesotho
Yes, if the applicant is a non-resident

Who can act as agent?

Any legal practitioner practicing and resident in Lesotho

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)(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), any text matter of drawings

Under PCT Article 39(1): Description, claims, any text matter of drawings (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?

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 individuals or “small entities.” The Registrar General will determine whether an entity is eligible as a small entity, in accordance with the definition in the First Schedule of Fees

Patents

Application fee

250 LSL

(100 LSL)

Grant and publication fee

450 LSL

(120 LSL)

Due to the new time limit applicable under PCT Article 22, the Office should be consulted for the time limit applicable for the payment of this fee. Late payment of annual fees is permitted in some circumstances subject to payment of a surcharge

Utility models

Application fee

150 LSL

(50 LSL)

Grant and publication fee

450 LSL

(150 LSL)

Exemptions, reductions or refunds of fees:

None

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 fixed in the invitation.

Instrument of assignment or transfer 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.

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

Who can act as agent?

Any legal practitioner practicing and resident in Lesotho

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

LS.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).

LS.02 FEES (MANNER OF PAYMENT)

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

LS.03 ASSIGNMENT

LPL Sec. 6, LPR Sec. 9(3)
Where the applicant is not the inventor, an instrument of assignment or transfer concerning the inventor and the applicant’s right to apply for a patent must be furnished.

LS.04 EXAMINATION

LPL Sec. 11(6), LPR Sec. 25(1)
The Office will examine or provide for the examination of patent applications as to substance. No request is necessary and no special fee is payable.

LS.05 REPRESENTATION

LPL Sec. 35, LPR Sec. 7
Where the ordinary residence or principal place of business of the applicant is outside Lesotho, an agent who is a resident of Lesotho and who is registered to practice before the Office must be appointed for the purposes of national processing.

LS.06 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, LPL Sec. 8(2)
The applicant may make corrections and/or amendments to the international application at any time during the patent procedure before the grant of the patent, provided that the scope of the subject matter of the application is not broadened thereby.

LS.07 GRANT AND PUBLICATION FEE

LPR Sec. 27(1)
This fee must be paid before the grant of the patent. The Office will invite the applicant to pay the fee. The amount is set out in Annex LS.I.

LS.08 ANNUAL FEES

LPL Sec. 14(5)
In order to maintain the patent or patent application, annual fees must be paid in advance to the Registrar for each year, starting one year after the filing date of the application for the grant of the patent. The first annual fee is due within 24 months from the international filing date; however, where Article 39(1) applies, it is due within 31 months from the priority date if that time limit expires later. Any annual fee may, together with the prescribed surcharge, be paid within six months after its due date. The amounts of the annual fees and the surcharge for late payment are set out in Annex LS.I.

LS.09 EXTENSION OF PATENT TERM

LPL Sec. 14(1), LPL Sec. 14(2), LPR Sec. 29
The normal patent term expires at the end of the 15^th year after the filing date, but may be extended by a period of five years. A request for such an extension must be made and the prescribed fee must be paid not more than 12 months and not less than one month before the expiration of the patent term. The request must prove to the satisfaction of the Registrar either that the invention is being worked sufficiently in Lesotho at the date of the request or that there are circumstances which justify the failure to so work the invention.

LS.10

LPL Sec. 14(3)
The Registrar will decide on the request for extension of the patent term within a period of six months from the date of the receipt of the request. Where the Registrar takes no decision within the prescribed six-month period, the patent is deemed to have been extended for a period of five years.

LS.11 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis, LPL Sec. 40(2), LPR Sec. 60
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. If the Registrar is satisfied that the circumstances justify it, he may, upon receiving a written a request, extend the time for doing any act or taking any proceeding under the Industrial Property Order, 1989, or the Regulations made thereunder upon notice to the parties concerned and upon such terms as he may direct. The extensions may be granted though the time for doing the act or taking the proceeding has expired.

LS.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. 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 Office.

LS.13 APPEALS

PCT Art. 4(3), PCT Art. 43, LPL Sec. 42(2), LPR Sec. 61
Any decision of the Registrar under the Industrial Property Order, 1989, may be the subject of an appeal by an interested party before the High Court and such appeal must be filed within two months of the date of the decision.

LS.14 UTILITY MODEL

PCT Rule 49bis.1, PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PCT Rule 76.5, LPL Sec. 17, LPL Sec. 18, LPR Sec. 33(1)
If the applicant wishes to obtain a utility model instead of a patent in Lesotho on the basis of an international application, for international applications filed before 1 January 2004, this must have been indicated in the international application (in Box No. V of the request) when filed; for international applications filed on or after 1 January 2004, since the request form no longer provides for the furnishing of such an indication, 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 LS.I.

LS.15 CONVERSION

LPL Sec. 19, LPR Sec. 33(2)
The applicant may convert an application for a patent into an application for a utility model, or vice versa, by filing a request to that effect and paying the prescribed fee at any time before the grant or rejection of a patent. The amount of the fee for conversion is set out in Annex LS.I. After conversion, the application will be accorded the filing date of the initial application. An application may not be converted more than once.

Annexes

Annex LS.I - Fees

Amounts in parentheses applicable for “small entities”, defined as any business concern:
(i) whose number of employees including those of its affiliates does not exceed 500 persons; and
(ii) which has not assigned, granted, conveyed, or licensed the title of protection or the right thereto, and is under no obligation under contract or law to do so.
The Registrar shall determine whether an entity is eligible as a small entity

Patents

Application fee

250 LSL

(100 LSL)

Grant and publication fee

450 LSL

(120 LSL)

Annual maintenance fees:

— for the 2^nd year

100 LSL

(25 LSL)

— for the 3^rd year

250 LSL

(100 LSL)

— for the 4^th year

270 LSL

(270 LSL)

— for the 5^th year

290 LSL

(140 LSL)

— for the 6^th year

310 LSL

(160 LSL)

— for the 7^th year

330 LSL

(180 LSL)

— for the 8^th year

350 LSL

(200 LSL)

— for the 9^th year

370 LSL

(220 LSL)

— for the 10^th year

390 LSL

(240 LSL)

— for the 11^th year

410 LSL

(260 LSL)

— for the 12^th year

430 LSL

(280 LSL)

— for the 13^th year

450 LSL

(300 LSL)

— for the 14^th year

470 LSL

(320 LSL)

— for the 15^th year

490 LSL

(340 LSL)

Surcharge for the late payment of annual fees

120 LSL

(20 LSL)

Fee for conversion of application for patent into application for utility model

100 LSL

(32 LSL)

Utility models

Application fee

150 LSL

(50 LSL)

Grant and publication fee

450 LSL

(150 LSL)

Annual maintenance fees:

— for the 2^nd year

60 LSL

(20 LSL)

— for the 3^rd year

80 LSL

(25 LSL)

— for the 4^th year

100 LSL

(30 LSL)

— for the 5^th year

120 LSL

(35 LSL)

— for the 6^th year

140 LSL

(40 LSL)

— for the 7^th year

160 LSL

(45 LSL)

Surcharge for the late payment of annual fees

120 LSL

(20 LSL)

Fee for conversion of application for utility model into application for patent

100 LSL

(32 LSL)

How can payment of fees be effected?

The payment of fees must be effected in Lesotho maloti. All payments must indicate the application number (national, if already known; international, if the national application number is not yet known), the name of the applicant and the category of fee being paid. All fees must be paid to the Office by money order, cheque, bank draft or postal order (or cash, at the Office only) made payable to the Registrar General, Lesotho

Forms

Please refer to the Office.

Processing

WIPO - PCT Applicant's Guide LS - Lesotho
Registrar General's Office (Lesotho)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

WIPO - PCT Applicant's Guide LS - Lesotho Registrar General's Office (Lesotho)

Error Information Warning Confirmation

WIPO - PCT Applicant's Guide LS - Lesotho
Registrar General's Office (Lesotho)