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Legislative Implementation of Flexibilities - Grenada

Title:Sections 6 (4), 9, 10 (6) and 11 (1) of the Industrial Property Act of 2002
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

6. (4) The description must disclose the invention in a manner which is clear and complete enough for the invention to be carried out by a person having ordinary skill in the art, and must, in particular, indicate at least one mode known to the applicant for carrying out the invention.

Information concerning corresponding foreign applications for patent

9. (1) The applicant must upon request furnish the Registrar with the date and number of any application for a patent filed by the applicant abroad ("foreign application") relating to the same or essentially the same invention as that claimed in the application filed with the registry.

(2) The applicant must, upon request, furnish the Registrar with the following documents relating to any 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 or 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;

(d) a copy of any final decision invalidating the patent granted on the basis of the foreign application referred to in subsection (1).

Filing date 10. (6) If the Registrar is of the opinion that the application complies with the requirements of subsection (5), the Registrar must take a decision as to whether the requirements of sections [3](2) and (3), [4], [6](4), (5) and (6) and [7] and the relevant regulations are fulfilled and for this purpose may, as provided for in the regulations, cause the application to be examined.

Grant of patent; 11. (1) If the Registrar is of the opinion that the application complies with

changes in the requirements of section [10](6), the Registrar must grant the patent.

Otherwise the Registrar must refuse the application and notify the applicant of the decision.

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