– Law No. 50/AN/09/06ème L of July 19, 2009 on Industrial Property.
– Law No. 49/AN/09/06ème L of April 19, 2009 creating the Djibouti Office for Industrial Property (ODPIC).
– Decree No. 2009-0271/PR/MCI of December 5, 2009 on ODPIC organization, published December 15, 2009.
– Decree No. 2011-079/PR/MCC of May 25, 2011, published May 31, 2011 for application of the Law No. 50/AN/09/06ème L on Industrial Property.
– Decree No. 2012-169/PR/MDC of March 1, 2012 on content of ODPIC Registers, published March 15, 2012.
– Law No. 159/AN/12/6ème L of June 9, 2012 establishing the official fees of ODPIC.

Note: there was no Patent Law in Djibouti before 2012. From June 2012 patents can be registered by application of the above texts.

– WTO’s TRIPS Agreement, since May 31, 1995.
– Convention Establishing the World Intellectual Property Organization (WIPO), since May 13, 2002.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since May 13, 2002.
– Patent Cooperation Treaty (PCT), since September 23, 2016.

Applicant: any natural person or legal entity.

Foreigners: may apply for registration of patents subject to reciprocity, but must have a representative in Djibouti if not resident.

Types of patents: (1) patents of inventions; (2) certificates of addition.

Rights to obtain a patent: belong to the inventor or his assignee. No assignment form needs to be filed.

Invention made by an employee: belongs to the employee, except where the invention is made in the execution of a work contract comprising an inventive mission or of studies or research activities which have been explicitly entrusted to him. Where the invention is connected with the business of the employer, the latter has the right to claim the ownership of the patent subject to payment of a fair price to the employee and to registration at ODPIC in a delay of six months of registered letter of the employee claiming to be the inventor.

Inventor has to be named upon filing. Employer may oppose such nomination when it is an employee.

Excluded from registration: discoveries, substances, organic matters, parts or elements as existing in nature; scientific theories, mathematical methods; human body, as well as elements and parts including gene sequence; biological processes for plant or animal obtention; literary, artistic and esthetic creations; schemas, rules and methods for performing mental acts, playing games or doing business; programs for computer; presentation of information; plants and animals other than microorganisms; methods for treatment of the human or animal body by surgery, therapy and diagnostic methods; inventions contrary to public order or morality, health of animals, persons, plants or the environment.

Priority: must be declared at the time of filing with an official copy of the prior application.

Filing requirements for an application (to be sent to resident agent):
1. Document requesting a patent;
2. Specification of invention (typed on A4 paper);
3. Identification of the applicant and power of attorney (not legalized nor notarized) if the applicant is not resident (can cover several applications, present and future);
4. Specification of inventor (if any);
5. Copy of prior application (if any);
6. ODPIC fees for examination, registration and legal advertisement have to be paid in the application process with annuities for the first five-year period.

Late filing of documents: possible. Missing documents must be submitted within three months, otherwise the application is rejected.

Electronic filing: any filing of documents (application, additional documents, corrections or amendments) may be transmitted by e-mail through the local agent. ODPIC might request the original documents to be sent at a later date.

Examination: only formal examination.

Publication: in a delay of fifteen days from filing, a receipt is given by ODPIC to the applicant and the application is published in the local newspaper (the ODPIC Official Gazette -Bulletin Officiel de la Propriété Industrielle- is not yet created). The patent certificate is given to the applicant three months after publication if there is no opposition. The patent is then published in the local newspaper.

Duration of protection: twenty years from filing (for patent); duration of the patent (for certificate of addition).

Annuities: for the first five-year period to be paid when filing together with examination, registration and publication fees. 

Grace period for payment of fees: six months with fine.

Compulsory license: may be granted in case of non-use during three years after patent certificate or four years after filing by court judgement.

Compulsory license of medicine: can be decided by Presidential Decree if requested for public health, against indemnity; compulsory license of other patents can be decided by Presidential Decree one year after notice to exploit a license necessary for national economy, against indemnity.

Restoration of a lapsed patent for non-payment of fees: possible when requested within a period of three months from the end of the grace period by decision of ODPIC provided that legitimate reasons are submitted to the Office.

Opposition/nullification: must be submitted to Djibouti Court.

Assignment/license: should be recorded with ODPIC in order to be effective against third parties.