Legislative Implementation of Flexibilities - Rwanda

Title:	Articles 23 2), 25, 31, 33 (3), 34 (1) and 36 (2) of the Law No. 31/2009 of 26/10/2009 on the protection of intellectual property
Field of IP:	Patents
Type of flexibility:	Disclosure related flexibilities
Summary table:

Provisions of Law

Article 23

Filing the application

Patent application shall be filed with the empowered authority. The application shall contain:

2° a description of the invention;

Article 25

Description of the invention

The description shall, subject to being declared invalid, explain and disclose the invention in a manner sufficiently clear, complete and intelligible so as to be used by a person skilled in the art and involved in that area. It shall indicate the best way to use the invention known to the applicant at the filing date or, where priority is claimed, at the priority date of the application. Where necessary, drawings shall be provided to understand the invention.

The disclosure of the claimed invention shall be considered sufficiently clear and complete if it provides information which is sufficient to allow that invention to be used by a person skilled in the art on the filing date, without undue experimentation. For the purposes of assessing sufficiency of disclosure, the disclosure contained in the description, claims and drawings, as established on the date in which the sufficiency of disclosure was examined, shall be taken into account.

In accordance with provisions of this article, a person having ordinary skill in the art is understood as a citizen of Rwanda, or any person with habitual residence located in Rwanda, who has studied and carries out his profession in Rwanda, having acquired an average expertise and experience in the technical field of the claimed invention.

The empowered authority may, at any time before the grant of the patent, require the description in foreign patent applications to be adapted to the ordinary skill in the art of the citizens of Rwanda, or any person with habitual residence in Rwanda and carries out his profession in Rwanda, so as to ensure technology transfer and dissemination.

Article 31

Information relating to corresponding foreign applications

The applicant shall indicate to the empowered authority the date and number of any patent application or other title of protection filed by him or by his legal predecessor abroad, known as "foreign application", and which relates to the same invention, or essentially to the same invention, as that which is claimed in the application filed in Rwanda.

In order to facilitate the evaluation of novelty and inventive step as regards the claimed invention, the applicant shall supply the to the empowered authority with the following documents relating to one of the foreign applications referred to in paragraph (1) of this article:

1° a copy of any communication received by the applicant concerning the results of any search or examination carried out in relation to the foreign application;

2° a certified or ordinary copy of the patent or other title of protection granted on the basis of the foreign application;

3° a copy of any final decision rejecting the foreign application or refusing the grant required in the foreign application.

The applicant shall furnish the empowered authority with a copy of any final decision invalidating the patent granted on the basis of the foreign application referred to in paragraph (2) of this article.

Article 33

Examination

(3) Where the empowered authority is of the opinion that the application complies with the formal requirements of the paragraph (1) of this article, he shall take a decision as to whether the requirements of articles 14 to 18, 25 and 26 and the administrative regulations pertaining thereto and cause, if appropriate, the application to be examined as to substance. For the purposes of examination as to substance, the empowered authority shall take into account:

1° the results of any international search report and any international preliminary examination report established under the Patent Cooperation Treaty in relation to the application filed in Rwanda; and/or

2° the results of any search and examination report and any decision submitted under article 31 of this Law; and/ or

3° the results of any search and examination report which was carried out upon his request by an external search and examination authority or by a specialized agency of the Government of Rwanda.

Article 34

Grant of the patent

Where the competent authority finds that the formal requirements of article 32 have been satisfied, it shall grant the patent. In the opposite case, he shall reject the application and shall notify the applicant of that decision in writing in a period provided by international conventions to which Rwanda is party.

Article 36

Invalidation of a patent

(2) The competent court shall invalidate the patent if the person requesting the invalidation proves that one of the requirements of paragraph (2) and (8) of article 5, articles 14 to 18, 25 and 26, has not been satisfied, or if the patent owner is not the inventor or his rightful claimant.