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Legislative Implementation of Flexibilities - Uganda

Title:Sections 13(2) (a), 17 and 36 (1) (c) of the Patents Act of 15/10/1993
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

13. Application

(2) The application shall be accompanied by the following

(a) a description disclosing the invention in a manner 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 applicant for carrying out the invention;

17. Information on corresponding foreign applications and grants

(1) The registrar may, within one year after the date of filing the application, request the applicant to furnish him or her with details of any foreign application for a patent or another title of protection filed by the applicant 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) The applicant shall, at the request of the registrar, furnish him or her with the following particulars concerning any of the foreign applications referred to in subsection (1)

(a) copies of any communication received by the applicant concerning the results of any search or examination carried out in respect of the foreign application;

(b) a copy, if any, of the patent or other title of protection granted on the foreign application;

(c) a copy, if any, of the final decision rejecting the foreign application or refusing the grant requested; and

(d) a copy, if any, of a decision invalidating the patent or other title of protection granted to the applicant on the basis of the foreign application.

(3) The particulars 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.

36. Invalidation and revocation.

(1) The court may, at the request of a party to proceedings under this Act, invalidate and revoke a patent on any of the following grounds:

(c) that the description and claims accompanying the application for grant of a patent did not comply with the requirements of section 13(2); or

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