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Legislative Implementation of Flexibilities - Ghana

Title:Sections 12 (1) (b), 16, 20 (4) (c) and 56 (2) (a) of the Patent Law No. 305A of 30/12/1992
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Application for patent

12 (1) The application for a patent, accompanied by the prescribed fee, shall be made to the Registrar and shall contain

(b) a description disclosing the invention in a manner sufficiently clear and complete for the invention to be evaluated, carried out or worked by a person possessing average skill in and average knowledge of the art to which the invention relates and in particular indicating the best mode known to the applicant for carrying out the invention;

(c) one or more claims which define the matter for which protection is sought; in clear and concise language and in a manner fully supported by the description;

(d) an abstract to serve the purpose of technical information which shall not be taken into account when interpreting the scope of the protection sought; and

(e) where necessary, one or more drawings for the better understanding of the invention.

Amendment and division of application

14 (1) The applicant may amend the application provided that the amendment shall not go beyond the disclosure in the initial application.

(2) The applicant may divide out from the application one or more applications, described as "divisional applications", provided that each divisional application shall not go beyond the disclosure in the initial application.

Information concerning corresponding foreign applications and grants

16 (1) The applicant shall, at the request of the Registrar, furnish him with the date and number of any foreign application, for a patent or other title of protection filed by the applicant relating to the same or essentially the same invention as that claimed in the application filed with the Registrar.

(2) The applicant shall, at the request of the Registrar, furnish him with the following documents in respect of foreign applications referred to in subsection (1) of this section, namely

(a) copies 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 or other title of protection granted on the foreign application; and

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

(3) The applicant shall, at the request of the Registrar, furnish him with a copy of any decision invalidating the patent or other title of protection granted to the applicant on the basis of the foreign application referred to in subsection (2) of this section.

(4) The applicant shall, at the request of the Registrar, furnish him with copies of any communication received by the applicant concerning the results of any search or examination carried out in respect of any foreign application other than an application referred to in subsections (2) and (3) of this section.

(5) The documents furnished under this section shall serve the purpose of facilitating the evaluation of novelty and inventive step with respect to the invention claimed in the application filed with the Registrar or in the patent granted on the basis of that application.

(6) The applicant shall have the right to submit comments on the documents furnished under this section.

Search and examination as to substance

20. 4) If, in the opinion of the Registrar, the subject matter of an invention for which a

patent is sought does not fall within the terms of direction given under subsection (2) of this

section, he shall cause a search and examination to be carried out as to whether-

(c) the description and the claims comply with the requirements prescribed by

sections 12(1)(c) and 13 of this Law and rules pertaining thereto;

Invalidation of patent

56. (2) The grounds for invalidation of a patent shall be any of the following-

(a) that any of the conditions specified in section 20(4) of this Law were not fulfilled;

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