PATENT OPPOSITION SYSTEM UNDER ETHIOPIAN LAW: A COMPARATIVE ANALYSIS WITH INDIA

Abstract

This thesis examines the patent system in Ethiopia and the available opposition methods for interested parties to contest the issuance of a patent. While an individual or organization must submit an application to the patent office to obtain a patent in Ethiopia, there is a risk that a granted patent may be invalidated due to prior art or other factors. To address this, opposition methods are available, but invalidation in court is the primary method for opposition, which is less effective and efficient than the administrative process used in India. As the main objective the research endeavors patent opposition system under Ethiopian patent law; A comparative analysis with India and owing to its objectives, the study employed both doctrinal and comparative legal research methodologies. The study finds that Ethiopia's patent law lacks clear guidelines for opposition procedures, which may lead to lengthy and costly court battles. In contrast, India's administrative process for opposition is more streamlined and cost-effective, allowing interested parties to challenge the validity of a patent before it is granted. The study recommends that Ethiopia adopt an administrative process for opposition, similar to India's system, to make the patent system more efficient and effective