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Legislative Implementation of Flexibilities - Guyana

Title:Sections 4, 5 (2), 9 (2), (3) and (4), 14 (1) (d) and 29 (2) (h) and (j) of the Industrial Property, Act (Consolidation Ch. 90.3) No. 9 of 1937 as last amended by Act No. 4 of 23/09/1972
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

4. Specification

(1) A provisional specification must describe the nature of the invention.

(2) A complete specification must particularly describe and ascertain the nature of the invention and the manner in which the same is to be performed.

(3) In the case of any provisional or complete specification where the Registrar deems it desirable he may require that suitable drawings shall be supplied with the specification, or at any time before the acceptance of the same, and such drawings shall be deemed to form part of the said specification.

(4) A specification, whether provisional or complete, must commence with the title, and in the case of a complete specification must end with a distinct statement of the invention claimed.

(5) Where the invention in respect of which an application is made is a chemical invention, then, subject to Le prescribed rules, typical samples and specimens shall, if in any particular case the Registrar considers it desirable so to require, be furnished before the acceptance of the complete specification, and the applicant shall be at liberty, where he so desires, and subject to the prescribed rules, so to furnish any typical samples and specimens, unless the Registrar in any particular case considers that it is undesirable that any should be received.

5. Proceedings upon application

(2) If the Registrar is of opinion, or if, after reference to an examiner, the examiner reports that the nature of the invention is not fairly described, or as respects a complete specification that the nature of the invention or the manner in which it is to be performed is not therein particularly described and ascertained, or that the application, specification, or drawings have not been prepared in the prescribed manner, or that the title does not sufficiently indicate the

subject-matter of the invention, the Registrar may refuse to accept the specification or require that the application, specification, or drawings be amended before he proceeds with the application; and in the latter case the application shall, if the Registrar so directs, be

deemed to have been made on the date on which the requirement is complied with.

9. Investigation of previous specifications in Guyana on applications for patents

(2) If on investigation it appears that the invention claimed has been wholly or in part claimed or described in any such specification, the applicant shall be informed thereof, and the applicant may, within such time as may be prescribed, amend his specification, and the amended specification shall be investigated in like manner as the original specification.

(3) If the Registrar is satisfied that no objection exists to the specification on the ground that the invention claimed thereby has been wholly or in part claimed or described in a previous specification as before mentioned, he shall, in the absence of any other lawful ground of objection, accept the specification.

(4) If the Registrar is not so satisfied, he shall, unless the objection is removed by amending the specification to the satisfaction of the Registrar, determine whether a reference to any, and, if so, what prior specifications ought to be made in the specification by way of notice to the public.

Provided that the Registrar, if satisfied that the invention claimed has been wholly and specifically claimed or wholly and specifically described in any specification to which the investigation has extended, may in lieu of requiring references to be made in the applicant's

specification as aforesaid, refuse to grant the application for a patent.

14. Opposition to grant a patent.

(1) Any person may at any time within two months from the date of the advertisement of the acceptance of a complete specification or within such further period, not exceeding one month, as the Registrar may on an application made to him within the said period of two month; and subject to the payment of the prescribed fee, allow, give notice to the Registrar of opposition to the grant of the patent on any of the following grounds:

(d) that the nature of the invention or the manner in which it is to be performed is not sufficiently and fairly described and ascertained in the complete specification; or

Revocation of patent. 29

(2) A patent may be revoked upon any of the following grounds:

(h) that the complete specification does not sufficiently and fairly describe and ascertain the nature of the invention and the manner in which the invention is to be performed;

(j) that the complete specification does not disclose the best method of performance of the invention known to the applicant for the patent at the time when the specification was left at the Patent Office;

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