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Legislative Implementation of Flexibilities - Ghana

Title:Sections 18 and 20 of the Patent Law No. 305A of 30/12/1992
Field of IP:Patents
Type of flexibility:Substantive examination
Summary table:PDF

Provisions of Law

Filing date and examination of application as to form

18.-(1) The Registrar shall accord as the filing date, the date of receipt of the application provided that at the time of receipt, the documents filed contain:

(a) the name of the applicant; and

(b) a part which on the face of it appears to be a claim or claims.

(2) If the Registrar finds that the application did not at the time of receipt fulfil the requirements referred to in subsection (1) of this section he shall invite the applicant to file the required correction and if the applicant complies with the invitation, the Registrar shall accord as the filing date the date of receipt of the correction but if the applicant does not comply with the invitation, the Registrar shall treat the application as if it had not been filed.

(3) Where the application refers to drawings which are not included in the application, the Registrar shall invite the applicant to furnish the missing drawings, and if the applicant complies with the said invitation the Registrar shall accord as the filing date the date of receipt of the missing drawings; otherwise he shall treat any reference to the said drawings as non-existent.

(4) Where no invitation under subsection (2) or (3) of the section has been sent to the applicant and the applicant nevertheless files a correction pertaining to any of the requirements under subsection (1) of this section, the Registrar shall accord as the filing date the date of the receipt of the correction, provided the correction was received within 30 days from the date of receipt of the application.

(5) Where the request is accompanied by the statement on the right to the patent referred to in section 12(4), the Registrar shall send a copy of the statement to the inventor, who shall have the right to inspect the application and receive, at his own expense, a copy thereof.

(6) The Registrar shall cause an examination of the application to be carried out as to whether

(a) the request complies with the requirements of section 12(3), 12(4) and 12(5) of this Law and rules pertaining thereto;

(b) the description, claims and, where applicable, the drawings comply with the physical requirements prescribed by the regulations;

(c) the application contains an abstract;

(d) the applicant has complied with a request made by the Registrar under section 19 of this Law; and

(e) the prescribed fees referred to in section 12(1) of this Law have been paid.

(7) Where the Registrar finds that the application is defective in respect of any of the matters referred to in this section, he shall invite the applicant to remedy the defect provided that any corrections made to the application shall not be such as would require a change of the filing date, and if the applicant does not comply with the said invitation, the application shall be rejected by the Registrar.

(8) Unless the application is to be the subject of an international-type search under section 19, 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 13 of this Law and rules pertaining thereto.

(9) 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 and if the applicant does not comply with the invitation the application shall be rejected by the Registrar.

Search and examination as to substance

20.-(1) The Secretary may by legislative instrument direct the examination as to substance of applications for patent and may waive such examination where he deems it necessary in the national interest.

(2) The Secretary, on the advice of the Patent Policy Committee, may by legislative instrument, direct that applications for patent relating to a specified technical field shall not be the subject of an examination as to substance.

(3) Where the Secretary directs that an application for a patent be the subject of an examination as to substance he may by such instrument further designate the authority or agency by which the examination is to be carried out and the condition for the examination. The Secretary may add further technical fields to, or remove any technical field from, those covered by the direction under subsection (1) of this section.

(4) If, in the opinion of the Registrar, the subject matter of an invention for which a patent is sought does not fall within the terms of direction given under subsection (2) of this section, he shall cause a search and examination to be carried out as to whether-

(a) the claimed invention is patentable within the meaning of sections 2 to 5 of this Law;

(b) the claimed invention is not excluded from protection under section 6 or 7 of this Law;

(c) the description and the claims comply with the requirements prescribed by sections 12(1)(c) and 13 of this Law and rules pertaining thereto;

(d) any drawings which are necessary for the understanding of the claimed invention have been furnished.

(5) For the purposes of the examination under subsection (4) of this section, the Registrar may transmit the application together with all relevant documents, to the designated authority or agency for a preliminary examination as to the patentability of the claimed invention.

(6) The authority or agency to which the application is transmitted shall make a report on the conclusion of its examination and transmit it to the Registrar with a copy to the applicant.

(7) Where, after taking due account of the conclusions of any report referred to in subsection (6) of this section, the Registrar is of the opinion that any of the conditions referred to in subsection (4) of this section are not fulfilled, he shall notify the applicant accordingly and invite him to submit his observations and where applicable to amend his application.

(8) Where despite any observation or amendment submitted by the applicant the Registrar finds that any of the conditions referred to in subsection (4) of this section are not fulfilled he shall refuse the grant of a patent and notify the applicant accordingly.

(9) Where an applicant states in his application that an application covering the same invention has been submitted to and is to be examined as to substance by an authority or agency in accordance with an order of the Secretary, the Registrar shall have the power to postpone a decision on any examination as to substance until the results of the examination by the authority or agency specified are transmitted to the Registrar.

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