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Legislative Implementation of Flexibilities - Uganda

Title:Sections 19 (4) and 20 of the Patents Act of 15/10/1993
Field of IP:Patents
Type of flexibility:Substantive examination
Summary table:PDF

Provisions of Law

19. Filing date and formal examination.

(4) After according a filing date, the registrar shall examine whether the application complies with the requirements of section 13 and the regulations pertaining to them and those requirements of this Act and the regulations which are designated as formal requirements for the purposes of this Act.

20. Search and substantive examination.

(1) The Minister may, by statutory instrument

(a) direct that applications for patents relating to a specified technical field or fields or that all applications relating to any technical field shall be the subject of an examination as to substance; or

(b) add further technical fields to those covered by a direction under paragraph (a) of this subsection or remove any technical field from the scope of the direction.

(2) If, in the registrar's opinion, the subject matter of an invention for which a patent is sought falls within a technical field covered by the terms of a direction made under subsection (1), he or she shall cause an examination to be carried out as to patentability under Part III of this Act.

(3) For the purposes of the examination under subsection (2), the registrar may transmit the application, with all accompanying documents, to the ARIPO Office or some other examining authority designated in the statutory instrument for a preliminary examination as to the patentability of the invention claimed, and the examining authority shall furnish a report on the conclusions of its examination 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), the registrar is of the opinion that any of the conditions as to patentability have not been fulfilled, he or she shall notify the applicant accordingly and invite him or her to amend his or her application.

(5) Where the applicant fails to amend his or her application, within the specified period of time, to the satisfaction of the registrar, the latter shall refuse the grant of a patent and notify the applicant accordingly.

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