Legislative Implementation of Flexibilities - Nicaragua

Title:	Articles 21 (1), 22, 23, 35 and 57 (c) of the Law on Patents, Utility Models and Industrial Designs No. 354 of 19/09/2000 as last amended by Law No. 634 of 13/09/2007
Field of IP:	Patents
Type of flexibility:	Disclosure related flexibilities
Summary table:

Provisions of Law

Description

21. The description of an invention shall be clear and complete so that a person skilled in the corresponding technical field may understand it and carry it out. The description shall specify:

1. the technological sector to which the invention refers or relates;

2. the prior art known to the applicant that may be useful for the understanding and examination of the invention, and a reference to earlier documents and publications concerning the same technology;

3. a description of the invention in terms that permit the technical problem and the solution provided by the invention to be understood, with an explanation of the differences and possible advantages in relation to the earlier technology;

4. an explanation of the drawings, if any have been filed;

5. a description of the best method known to the applicant of carrying out the invention, which shall make use of examples and references to the drawings, if any have been filed;

6. a description of the manner in which the invention is industrially applicable, if it is not obvious from the description or nature of the invention.

Description of Biological Material

22. Where the invention relates to a product or process concerning biological material that is not available to the public, and the invention cannot be described in such a way as to be understood and carried out by a person trained in the technical field concerned, the description shall be supported by the deposit of a sample of that material. The deposit of the material shall be made with an institution inside or outside the country that is recognized by the Intellectual Property Registry. The deposit shall take place no later than on the filing date of the application in Nicaragua or on the priority date where applicable.

If the deposit has been made, it shall be mentioned in the description together with the name and address of the depositary institution, and the deposit date and number assigned to it by that institution.

Validity of the Deposit

23. The deposit of biological material shall be valid for the grant of a patent only if it takes place under conditions that enable any interested party to obtain samples of the material not later than on the publication date of the corresponding patent application, without prejudice to any other conditions that may be specified in the regulations under this Law.

Documents Relating to Foreign Applications

35. For the purposes of the patentability examination, the applicant shall, at the request

of the Intellectual Property Registry, provide the following, with the corresponding

translation:

(a) a single copy of the foreign application and the results of the novelty and

patentability examination conducted in relation to that application;

(b) a single copy of the patent or other title of protection granted by the patent office of

the issuing country.

Where necessary for a better decision on a patent application or on the validity of a

granted patent, the Intellectual Property Registry may at any time request the applicant or

patent owner to submit a copy of any decision or ruling that has rejected, refused, revoked,

cancelled or invalidated the foreign application or the patent or other title of protection

granted thereon.

Where the applicant who has the required information or document at his disposal does

not comply with the request that he submit it within the period specified in the request, which

shall be three months from the date thereof, the patent applied for shall be refused. At the request of the applicant or ex officio, the Intellectual Property Registry may suspend the

processing of the patent application where any document that should be submitted under this

provision is still pending before a foreign authority.

The applicant may submit observations and comments on any information or document

supplied pursuant to this Article. Where necessary or where there is reasonable doubt as to

the legitimacy of a document, the Intellectual Property Registry may request that it be

legalized or authenticated.

Invalidation of the Patent

57. The Intellectual Property Registry shall, at the request of an interested party or

competent authority or ex officio, declare the absolute invalidity of a patent where:

(c) the patent does not disclose the invention as required by Articles 21 and 22 of this

Law;