Legislative Implementation of Flexibilities - Pakistan

Title:	Sections 15 (1), (2), (2A), (2B) and (3), 20 and 23 (1) (c) of the Patent Ordinance No. LXI of 2000 as last amended by Patent Ordinance No. 2(1)/2002
Field of IP:	Patents
Type of flexibility:	Disclosure related flexibilities
Summary table:

Provisions of Law

15. Contents of specification.- (1) Every specification, whether complete or provisional, shall describe in the form and manner as may be prescribed.

(2) subject to any rules made in this behalf, drawings may, and shall if the Controller so requires, be supplied for the purposes of any specification, whether complete or provisional, and any drawings so supplied shall, unless the Controller otherwise directs, be deemed to form part of the specification, and reference in this Ordinance to a specification shall be construed accordingly.

(2A) For a chemical product intended for use in medicine or agriculture, the specification shall be specific to one chemical product only describing the physical, chemical, pharmacological and pharmaceutical properties or, as the case may be, the properties related to its use in agriculture and its impact on environment.

(2B) Where a biological material is used, the specification shall disclose the place of origin and source of such biological material and shall also exhibit compliance with the relevant applicable rules on access, export and use of that material and where such a material is obtained from Pakistan for use outside Pakistan, the permission of the Federal Government shall be necessary as may be prescribed.

(3) Every complete specification shall-

(a) fully and particularly describe the invention and the method by which it is to be performed.

(b) disclose the invention which is known to the applicant and for which he is entitled to claim protection; and

(c) end with a claim or claims concisely defining the scope of the invention for which protection is claimed.

20. Power of Controller to require certain information and documents relating to foreign

application.- (1) The applicant shall, when required by the Controller, furnish him with the date and number of any application for a patent filed by him abroad, hereinafter referred to as foreign application, relating to the same or essentially the same invention as that claimed in the application filed in Pakistan.

(2) The applicant shall, when required by the Controller, furnish him with the following

documents relating to one of the foreign applications referred to in sub-section (1), namely:-

(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 the patent granted on the basis of the foreign application; and

(iii) a copy of any final decision rejecting the foreign application.

(3) The applicant shall, when required by the Controller, furnish him with a copy of any

final decision invalidating the patent granted on the basis of foreign application referred to in sub-section (1).

23. Opposition to the grant of patent.- (1) At any time within four months from the date of

advertisement of the acceptance of a complete specification under this Ordinance, any person may give notice to the Controller of opposition to the grant of patent on any of the following grounds, namely:

(c) that the specification does not disclose the invention in a manner clear and complete

enough for it to be carried out by a person skilled in the art;