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Legislative Implementation of Flexibilities - United Republic of Tanzania

Title:Sections 18 (1) (a) (ii) and (3), 22, 27 and 63 (2) (c) of the Patents Act No. 1 of 20/01/1987
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

18.-(1) (a) Every application for the grant of a patent shall be made to the Registrar and shall contain.

(ii) a description:

(3) The description shall disclose the invention in a manner which is sufficiently clear and complete for the invention to be evaluated and to be carried out, by a person skilled in the art, and shall, in particular, indicate the best mode known to the person making the application for carrying out the invention, and Shall include any drawing which is essential for the understanding of the invention.

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.

27. Examination as to substance

(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.

63. Invalidation of patents

2) The court shall invalidate the patent on any of the following grounds

(c) that the description and the claims comply with the requirements prescribed by section 18(3) and (4) the rules pertaining thereto,

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