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Legislative Implementation of Flexibilities - Tonga

Title:Sections 7 (4), 10, 12 (1) and 16 (2) of the Industrial Property Act No. 19 of 09/11/1994
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

7 Applications

(4) The description shall disclose the invention in a manner sufficiently clear and complete for the invention to be evaluated, and to be carried out by a person having ordinary skill in the art, and shall, in particular, indicate at least one mode known to the applicant for carrying out the invention.

10 Information concerning corresponding foreign applications for patents or other titles of protection.

(1) The applicant shall, at the request of the Registrar, furnish him with the date and number of any application for a patent or other titles of protection filed by him abroad (herein referred to as "foreign applications"), relating to the same or essentially 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 with the following documents relating to one of the foreign applications referred to in subsection (1):

(a) a copy of the patent or other title of protection granted on the basis of the foreign application;

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

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

(d) a copy of any final decision invalidating the patent or other title of protection granted on the basis of the foreign application referred to in subsection (1).

12 Grant of patent.

(1) Where the Registrar finds that the conditions referred to in section 11(5) are fulfilled, he shall grant the patent. Otherwise, he shall reject the application and notify the applicant of his decision.

16 Invalidation.

(2) The court shall invalidate the patent if the person requesting the invalidation proves that any of the requirements of sections 3, 4, 5, and 7(4), 7(5), 7(6) and 7(7) are not fulfilled or if the patentee is not the inventor or his successor in title.

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