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Legislative Implementation of Flexibilities - Ethiopia

Title:Sections 9 (3) and (4) (b), 10 and 36 (1) (b) of the Proclamation concerning Inventions, Minor Inventions and Industrial Designs No. 123 of 10/05/1995 and Section 17 14) of the Proclamation No. 482/2006 to provide for access to Genetic resources and Community Knowledge and Community Right
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

9. Application

3. The application shall contain a request for the grant of a patent and include a description of the invention, one or more claims, an abstract, and where necessary drawings.

4. In accordance with sub-article (3) of this article:

b) the description shall disclose the invention in a manner 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. The description may be used to interpret the claims;

10. Information Concerning Corresponding Foreign Application for Patents

1. The applicant shall, at the request of the Commission, furnish it 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 with the Commission.

2. The applicant shall, at the request of the Commission, furnish it with the following documents relating to the foreign applications referred to in sub-article (1) of this article:

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 foreign patent applicanion;

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

3. The applicant shall, at the request of the Commission, furnish it with a copy of any final decision invalidating the patent granted on the basis of the foreign application referred to in sub-article ( 2) of this article.

36. Invalidation of a Patent

1. A patent shall be invalidated in whole or in part by the court upon request by an interested party if it is proved that:

b) the description does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.

Proclamation No. 482/2006

17. Obligations of Access Permit Holder

A person who shall be given an access permit shall have the following obligations:

14. recognize the locality where the genetic resource or community knowledge accessed from as origin in the application for commercial property protection of the product developed there from