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Legislative Implementation of Flexibilities - United Republic of Tanzania

Title:Sections 22, 25 and 27 of the Patents Act No. 1 of 20/01/1987
Field of IP:Patents
Type of flexibility:Substantive examination
Summary table:PDF

Provisions of Law

Furnishing of information on corresponding foreign applications and grants

22.-(1) At the request of the Registrar, made within one year of the date of filing of the application, the person who is making an application shall furnish him with the date and number of any application for a patent or another title of protection filed by him with a national industrial property office of another country or with a regional industrial property office relating to the same invention as that claimed in the application filed with the Registrar. .

(2) (a) The person making an application for registration of a patent shall, at the request of the Registrar, furnish the following documents relating to one of the foreign applications referred to in subsection (1):

(i) copies of any communication received by that person concerning the results of any search or examination carried out in respect of the foreign application;

(ii) a copy of the patent or other title of protection granted on the foreign application;

(iii) a copy of any final decision rejecting the foreign application or refusing the grant requested in the foreign application.

(b) The person making an application for registration of a patent shall, at the request of the Registrar furnish him with a copy of any decision invalidating the patent or other title of protection granted to him on the basis of the foreign application referred to in paragraph (a)·

(3) The person making the application shall, at the request of the Registrar, furnish him with copies of any communication received by the applicant concerning the results of any search or examination carried out in respect of any foreign application other than the one referred to in subsection (2).

(4) The documents furnished under this section shall merely serve the purpose of facilitating the evaluation of novelty and inventive step with respect to the invention claimed in the application filed with the Registrar or in the patent granted on the basis of that application.

(5) The person making an application for registration of a patent shall have the fight to submit comments on the documents furnished under this section.

Examination application

25.-(1) (a) The Registrar shall record as a filing date the date of receipt of the application, provided that, at the time of receipt, the documents filed contain-

(i) the name of the applicant;

(ii) a part which on the face of it appears to be a description;

(iii) a part which on the face of it appears to be a claim.

(b) If the registrar finds that the application did not, at the time of receipt, fulfill the requirements referred to in paragraph (a), he shall require the person making the application to file the required correction.

(c) If the person making the application complies with the invitation referred to paragraph (b), the Registrar shall accord as filing date, the date of receipt of the required correction; otherwise he shall treat the application as if it has not been filed.

(d) Where the application refers to drawings which in fact are not included in the application, the Registrar shall require the person making the application to furnish the missing drawings and if he complies with the said requirement, the Registrar shall record as a filing date the date of receipt of the correction, provided that the correction was received within thirty days from the date of receipt of the application.

(e) Where no requirement under paragraph (b) or (d) was sent to the person making an application and that person nevertheless files a correction, pertaining to any of the requirements under paragraph (a), to his application, the Registrar shall record as filing date the date of receipt of the correction provided that the correction was received within thirty days from the date of receipt of the application.

(2) Where the request is accompanied by the statement on the right to the patent referred to in section 18 (2)(b), the Registrar shall send a copy of the statement to the inventor who shall have the right to inspect the application and to receive, at his own expense, a copy of the application.

(3) (a) The Registrar shall cause an examination to be carried out as to whether there are any of the following defects with respect to the application:

(i)the request does not comply with the requirements of section 18(2) and the rules pertaining thereto;

(ii) the description, the claims and, where applicable, the drawings do not comply with the physical requirements prescribed by the Regulations;

(iii) the application does not contain an abstract;

(iv) the applicant has not complied with a request made by the Registrar under section 22;

(v) the fees referred to in section 23 are not paid as provided in the Regulations.

(b) If the Registrar finds any of the defects referred under paragraph (a) he shall require the person malting the application to remedy such defects provided that any corrections made to the application shall not be such that they would require a chance of the filing date and if the applicant does not comply with the said invitation, the Registrar shall reject the application.

(4) (a) Unless the application is to be the subject of an international type search under section 26, the Registrar shall cause an examination to be carried out as to whether the application appears to comply with the requirement of unity of invention prescribed by section 19 and the rules pertaining thereto.

(b) If the Registrar is of the opinion that the requirement of unity of invention may not have been complied with, he shall invite the applicant to restrict or divide the application.

(c)If the person making the application does not comply with the requirement made under paragraph (b), the application shall be rejected by the Registrar,

(5) The details of the requirements and the procedure under this section shall be prescribed by the Regulations.

Examination as to substance

27.-(1) The Minister may by regulations direct that applications for patents relating to a specified technical field shall be the subject of an examination as to substance.

(2) If, in the opinion of the Registrar the subject matter of an invention for which a patent is sought fairs within a technical field covered by the terms of a direction made under subsection (l), he shall cause an examination to be carried out as to whether the following conditions are fulfilled:

(i) the claimed invention is patentable within the meaning of sections 8 to 11;

(ii) the claimed invention is not excluded from protection under sections 12 to 13;

(iii) the description and the claims comply with the requirements prescribed by section 18 and the rules pertaining thereto;

(3)(a) For the purposes of the examination under subsection (2), the Registrar may transmit the application together with all relevant documents to the authority designated in the Regulations for a preliminary examination as to the patentability of the claimed invention.

(b) The authority referred to in paragraph (a) shall establish a report on the conclusions of its examinations and shall transmit it to the Registrar and to the applicant.

(4) Where, taking due account of the conclusions of any report referred to in subsection (3)(b), the Registrar is of the opinion that any of the conditions referred to in subsection (2) are not fulfilled, he shall notify the applicant accordingly and invite him to submit his observations and where applicable, to amend his application.

(5) Where, despite any observation or amendment submitted by the person making the application, the Registrar finds that any of the conditions referred to in subsection (2) are not fulfilled, he shall refuse the grant of a patent and notify the applicant accordingly.

(6) The details of the requirements and the procedure under this section shall be prescribed by the Regulations.

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