Legislative Implementation of Flexibilities - Namibia

Title:	Articles 15 (5), (6) and (7) and 16 of the Industrial Property Act of 1999
Field of IP:	Patents
Type of flexibility:	Substantive examination
Summary table:

Provisions of Law

15.- (5) After according a filing date the Registrar shall examine whether the application

complies with the requirements of section 11 (1) and (2) and the regulations relating thereto and those requirements of this Act and the regulations which are designated as formal requirements for the purposes of this Act.

(6) Where the Registrar is of the opinion that the application complies with the requirements indicated in subsection 5, the Registrar shall cause the application to be examined as to whether the requirements of sections 7, 8, 9, 11(3), (4), (5), (6). (7), 12 and 14 and the regulations re1ating thereto are complied with.

(7) The regulations may prescribe that, in respect of some categories of inventions, the examination shall not cover the requirements of novelty and inventive step under section 9(2) and (3).

Grant of patent, time limit for grant and changes in patents

16. (1) Where the Registrar finds that, subject to section 14(5), the conditions referred to in section 15(5) and (6) are complied with, he or she shall grant the patent. Otherwise, he or she shall refuse the application and notify the applicant accordingly.