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Legislative Implementation of Flexibilities - Mauritius

Title:Articles 14 (2) (b) and (3), 17, 19 (1), 20 (2) and 25 (1) and (2) of the Patents, Industrial Designs and Trademarks Act No. 25 of 2002
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Application

14 (2) An application for a patent shall contain

(b) a description of the invention, any claim and any drawing and an abstract;

(3) Any description, referred to in subsection (2)(b), shall disclose the invention in a manner which is 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 and Patents

17 (1) An applicant shall, where requested to do so by the Controller, furnish him with the date and number of any application for a patent filed by him abroad relating to the same or essentially the same invention as that claimed in the application filed with the Controller.

(2) An applicant shall, where requested to do so by the Controller, furnish him with the following documents relating to one of the foreign applications referred to in subsection (1)

(a) a copy of any communication received by the applicant concerning the results of any search and examination carried out in respect of the foreign application;

(b) a copy of the patent granted on the basis of the foreign application;

(c) a copy of any final decision rejecting the foreign application or refusing the grant requested in the foreign application.

(3) An applicant shall, where requested to do so by the Controller, furnish him with a copy of any final decision invalidating the patent granted on the basis of the foreign application referred to in subsection (2).

19. Examination

(1) The Controller shall, after according a filing date, examine

(a) whether the application complies with section 14 and any other provisions of this Act; and

(b) whether any information requested under sections 16 and 17 has been provided.

20. Grant of patent

(2) Where an application fails to comply with the conditions referred to in section 19 (1), the Controller shall reject the application and notify the applicant of his decision.

25. Invalidation

(1) Any interested person may request the Tribunal to invalidate a patent.

(2) The Tribunal may invalidate the patent where the person requesting the invalidation proves that any of the requirements of sections 11,12 and 14 have not been fulfilled or where the owner of the patent is not the inventor nor his successor in title.

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