Database on Flexibilities in the Intellectual Property System

Provisions of Law

19. Application

(2) An application under Subsection (1)

(a) shall contain -

(ii) a description in accordance with Subsection (5); and

(5) The description referred to in Subsection (2)(a)(ii) shall

(a) disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person having ordinary skill in the applicable art; and

(b) indicate the best method known to the applicant at the filing date, or where priority is claimed at the priority date, of the application, for carrying out the invention.

(6) The claim or claims referred to in Subsection (2)(a)(iii) shall

(a) define the matter for which protection is sought; and

(b) be clear and concise; and

24. Information concerning corresponding foreign applications and patents

Where the Registrar so requests, an applicant under Section 19 (1) shall, within a time limit specified by the Registrar -

(a) provide such information as is requested by the Registrar, including but not limited to, the date and number of any application for a patent filed by the applicant in another country or jurisdiction (in this section referred to as "foreign application"), relating to the same or essentially the same invention as that claimed in the application filed with the Registrar; and

(b) furnish to the Registrar the following documents relating to any foreign application:

(i) 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;

(ii) a copy of any patent granted on the basis of the foreign application;

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

(iv) a copy of any final decision invalidating the patent granted on the basis of the foreign application.

26. Examination of patent

After recording a filing date under Section 25 for an application under Section 19 -

(a) the Registrar shall examine whether

(i) the application complies with the requirements of Section 19 (2) and (4) and any Regulations pertaining thereto; and

(ii) the application complies with those requirements of this Act, and the Regulations which are designated by the Regulations as formal requirements for the purposes of this Act; and

(iii) information requested under Section 24, if any, has been provided; and

(b) where the Registrar is of the opinion that the application does not comply with the requirements of Paragraph (a) he may invite the applicant to file, within a time limit specified by the Registrar and in a manner directed by the Registrar,

(i) a correction or amendment; or

(ii) a submission as to whether the application complies with the requirements of Paragraph (a); or

(iii) both (i) and (ii),

and where after the expiration of the time limit specified by the Registrar, whether or not the applicant has responded to the invitation of the Registrar under this paragraph, the Registrar is still of the opinion that the application does not comply with the requirements of Paragraph (a) the Registrar shall refuse the application and notify the applicant in writing of his decision.

Title:	Sections 19 (2) (a) (ii), (5) and (6) (c), 24 and 26 of the Industrial Property Act No. 30 of 19/07/2000
Field of IP:	Patents
Type of flexibility:	Disclosure related flexibilities
Summary table:

Legislative Implementation of Flexibilities - Papua New Guinea

Provisions of Law