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Djibouti: PCT Enters into Force

October 20, 2016

Djibouti became the 150th member of the Patent Cooperation Treaty (PCT) on June 23, 2016. Accordingly, PCT entered into force on September 23, 2016 and DJ will be automatically designated on all PCT applications as of that date.

The Office of Industrial Property and Commerce of Djibouti will act as a receiving office for local applicants with the possibility of designating the Egyptian Patent Office as the International Search Authority.

The law in Djibouti has not yet been amended to recognize the PCT, however. In the absence of a new patent law and related implementing regulations to govern international filings, the applicable time limit for national phase entry (NPE) under both Ch. I and Ch. II is 30 months from the earliest priority, with the possibility for restoration of the right of priority under PCT Rule 49ter.2 for both “unintentional” and “due care” requests.

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