Title: | Sections 3 (1) (a) (ii) and (2) and 9 (1) (b) of the Industrial Property Act (Chapter 344) of 1990 |
Field of IP: | Patents |
Type of flexibility: | Disclosure related flexibilities |
Summary table: |
3. (1) Every patent application
(a) shall be made to the Registrar and shall contain-
(ii) a description of the relevant invention with any appropriate plans and drawings,
(2) The description referred to in subsection (1)(a)(ii) of this section shall disclose the relevant invention in a manner sufficiently clear and complete for the invention to be put into effect by a person skilled in the art or field of knowledge to which the invention relates; and the claim or claims referred to in subsection (1)(a)(iii) of this section shall define the protection sought and shall not go beyond the limits of the said description.
9. (1) Subject to this section, on the application of any person (including a public officer acting in the exercise of his functions) the court shall declare a patent null and void-
(b) if the description of the invention or the claim does not conform with section 3(2) of this Act; or