Sudan has been a member of the Patent Cooperation Treaty (PCT) since April 16, 1984. For international applications under the PCT designating Sudan, a copy of the application must be filed within 30 months of the claimed priority date. Both product and process claims are patentable.
Once an application for the grant of a patent is filed, it will be examined with respect to compliance with the formalities and to unity of invention only. Upon the acceptance of a patent application, the applicant will be notified and invited to pay the publication fees, then the patent will be granted and publication of the grant in the Official Gazette will take place. Any refusal by the Registrar to grant a patent may be appealed before the court. Anyhow, upon the acceptance of a PCT application, the applicant will be notified and invited to pay the registration fees and the patent will be granted without publication of the grant.
A patent is valid in Sudan for 20 years from the date of filing the application. Maintenance fees are due annually counting from the filing date. A 6-month grace period subject to a fine is allowed for late payment of an annuity. For PCT patents, the anniversary date of the annuity payments is calculated from the International filing date.
An assignment of a patent shall have no effect against third parties, unless it has been recorded at the Patent Office. Licenses may be exclusive or non-exclusive and must be recorded to be effective against third parties. Licenses involving payment of royalties abroad must be approved by the Attorney General prior to their recording.
Working of patents in Sudan is an official requirement. In the event that the owner of a patented invention in Sudan does not satisfy the stipulated working requirements of the country within 4 years from the date of filing or 3 years from the date of grant, the patent will be subject to compulsory licensing under the provisions of the law.