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Legislative Implementation of Flexibilities - Eswatini

Title:Sections 6 (3), 9, 10 (4), 11 (1) and 14 (2) of the Industrial Property Law No. 6 of 04/09/1997
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Application

6. (3) The description shall disclose the invention in a matter 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.

Information concerning corresponding foreign applications/or patents or other titles of protection

9. (1) The applicant shall, at the request of the Registrar of Patents, furnish him with the date and number of any application for a patent or other title of protection by him abroad ("foreign application") relating to the same or essentially the same invention as that claimed in the application filed with the Registrar of Patents.

(2) (a) The applicant shall, at the request of the Registrar of Patents, furnish him with the

following documents relating to one of the foreign applications referred to in subsection (1) -

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

(ii) a copy of any final decision rejecting the foreign application or refusing the grant requested in the foreign application.

(b) The' applicant shall at the request of the Registrar of Patents, furnish him with 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 paragraph (a).

Filing date, examination

10 (4) Where the Registrar of Patents is of the opinion that the application complies with. the

requirements indicated in subsection (3), he shall cause the application to be examined as to

whether the requirements of sections 3, 4 and 6 (3),. (4) and (5), 7 and 9 and the Regulations

pertaining thereto are fulfilled.

Grant of patent

11 (1) Where the Registrar of Patents finds that, subject to section 10 (5), the conditions

referred to in section 10 (3) and (4) are fulfilled, he shall grant the patent, otherwise he shall

refuse the application and notify the applicant of that decision.

Invalidation

14. (2) The Court shall invalidate the patent if the person requesting the invalidation proves

that any of the requirements for an invention in sections 3, 4 and 6 (3), (4) and (5) and the

Regulations pertaining thereto are not fulfilled or if the owner of the patent is not the inventor

or his successor in title.

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