Patent Protection In Ghana

INTRODUCTION

Intellectual property can be an income generating corporate asset. By protecting a company's intellectual property, the company is vested with rights to exploit or commercialize the intellectual property to generate revenue. Revenue may be generated by licensing the intellectual property for fees, building an industry around the protected intellectual property and enjoying the exclusivity of exploitation or industry control for the term of the rights afforded the intellectual property.

Lack of awareness of the legal rights and protection afforded registered intellectual property, particularly the exclusive exploitation rights over product and process inventions has contributed to minimal patronage of intellectual property registration by small and medium scale enterprises, as well as individuals in Ghana. In light of this, the Government of Ghana has developed the National Intellectual Property Policy and Strategy (NIPPS) to effectively harness and manage the intellectual property system in Ghana.

PATENTS

A patent is a legal document which grants its holder the exclusive right to control the use of an invention within a limited area for a specified period. An invention qualifies for a patent if it is new, involves an inventive step and is industrially applicable.

An invention is new when it has not been anticipated by a prior art anywhere in the world. Prior art consists of everything disclosed to the public anywhere in the world by publication in tangible form or by oral disclosure, or by use in any other way prior to filing of the patent application. A disclosure made to the public within twelve (12) months preceding the filing date of the application is not considered as prior art in Ghana. An invention is generally said to be new if it shows some characteristic which is unknown in its technical field. An invention involves an inventive step if it is not obvious to a person having ordinary skill in the art, taking into consideration the prior art relevant to the patent application. The ability to use an invention in any industry makes it industrially applicable.

The Patents Act, 2003 (Act 657) (Patents Act) and the Patents Regulations 1996 (L.I. 1616) (Patents Regulations) constitute the legislative framework for the grant and protection of patents in Ghana. The Patents Office of the Registrar General's Department is the issuing office of a patent in Ghana.

Patents are territorial therefore a grant of a patent in Ghana...