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Legislative Implementation of Flexibilities - African Intellectual Property Organization

Title:Articles 14 (1) (d) (i) and (2), 24 (4) and (5) and 39 (1) (c), Annex I, of the Bangui Agreement of 02/03/1977, as revised on 24/02/1999
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Article 14

Filing of the Application

(1) Any person wishing to obtain a patent for an invention shall file with the Organization or with the Ministry responsible for industrial property, or send to it by registered mail with a request for acknowledgement of receipt,

(d) a sealed package containing in duplicate

(i) a specification of the invention for which the application has been made, set out clearly and completely so that a person having ordinary knowledge and skill in the art could carry it out,

(2) Where the invention involves a microorganism or the use of a microorganism, a receipt attesting the deposit of the microorganism, issued by a depositary institution or an international depositary authority specified in the Implementing Regulations, shall in addition be filed.

Article 24

Conditions Governing Rejection

(4) Any application for which the other requirements of Article 14, except for its subparagraph (b), and those of Article 15 have not been fulfilled is defective. The defect shall

be notified to the applicant or his agent, who shall be invited to correct the documents within a period of three months from the date of the notification. That period may be extended by 30

days, in cases of justifiable need, at the request of the applicant or his agent. The application so corrected within the said period shall retain the date of the initial application.

(5) In the event of the corrected documents not being provided within the prescribed period, the patent application shall be rejected.

Article 39

Invalidity

(1) Patents granted in the following cases shall be declared invalid:

(c) if the specification attached to the patent does not conform to the provisions of Article 14(d)(i) above, or if it does not state in a complete and honest manner the true methods of the inventor.

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