Title: | Articles 11(3), 14, 15 (6) and 20 (2) of the Industrial Property Act of 1999 |
Field of IP: | Patents |
Type of flexibility: | Disclosure related flexibilities |
Summary table: |
Application for a patent. 11
(3) The description shall 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 art, and shall, in particular, indicate at least one mode known to the applicant for carrying out the invention.
Information concerning corresponding foreign applications for patents or other titles of protection. 14
(1) The applicant shall, at the request of the Registrar, furnish him or her with the date and number of any application for a patent or other title of protection filed by him or her abroad herein referred to as a "foreign application" relating to the same or essentially the same invention as that claimed in the application filed with the office of the Registrar.
(2) (a) The applicant shall, at the request of the Registrar, furnish him or her with the following documents relating to one of the foreign applications referred to in subsection (1)
(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 or other title of protection 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.
(b) The applicant shall, at the request of the Registrar, furnish him or her with a copy of any final decision invalidating the patent or other title of protection granted on the basis of the foreign application referred to in paragraph (a).
Filing date and examination. 15
(6) Where the Registrar is of the opinion that the application complies with the
requirements indicated in subsection 5, the Registrar shall cause the application to be examined as to whether the requirements of sections 7, 8, 9, 11(3), (4), (5), (6). (7), 12 and 14 and the regulations re1ating thereto are complied with.
Invalidation. 20
(2) The court shall invalidate the patent if the person requesting the invalidation proves
that any of the requirements of sections 7, 8, 9, and 11 (3), (4) and (5) and the regulations relating thereto is not fulfilled or if the owner of the patent is not the inventor or his or her successor in title.