Legislative Implementation of Flexibilities - Mozambique

Title:	Articles 46 (1), 49 and 54 of the Industrial Property Code, Decree No. 04 of 12/04/2006
Field of IP:	Patents
Type of flexibility:	Disclosure related flexibilities
Summary table:

Provisions of Law

Article 46

Description of the invention

1. The report shall describe the invention sufficiently clearly and fully so as to enable a person skilled in the art to execute the invention, and shall indicate at least one way of executing the invention known to the applicant, on the date of filing or, in the case of a claim for priority, on the date of priority of the application.

Article 49

Inadequate description or claim

An applicant who has submitted an application in which the description or the claim is inadequate shall rectify the shortcoming within sixty days from the date on which he is notified to do so.

Article 54

Foreign applications for patents or similar rights of protection

The applicant is under an obligation to inform the IPI of the date and number of every application for a patent or other right of protection filed in any other country in respect of the same invention applied for in Mozambique, and must also furnish the following:

a) A copy of any communication received by the applicant in relation to the results of searches or examinations conducted abroad;

b) A copy of the patent or other right of protection granted on the basis of the foreign application;

c) A copy of any final or provisional decision to refuse or grant the foreign application;

d) A copy of any decision to grant a patent or other right of protection granted on the basis of the foreign application