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Legislative Implementation of Flexibilities - Egypt

Title:Articles 13, 22 (2), (5) and (6) and 34 (1) (c) and (e) of the Industrial Property Law No. 20-00 of 08/05/2000
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Article 13

Description

1) The description must disclose the invention in a sufficiently clear and complete fashion so as to be able to evaluate it and so that a person knowledgeable in the corresponding technical subject can execute it.

2) The description of the invention shall indicate the name of the invention and shall include the following information:

a) the technological, agricultural, scientific, etc. sector to which the invention belongs or to which it is applied.

b) the earlier technology known to the applicant which could be considered useful for the comprehension and the examination of the invention, and references to earlier documents and publications related to said technology.

c) a description of the invention in terms permitting the understanding of the technical problem and the solution contributed by the invention and indicating the advantages it may have over the earlier technology.

d) a brief description of the drawings, if any.

e) the best way known to the applicant to execute or put into practice the invention, using examples and references to the drawings.

f) the way in which the invention lends itself to industrial application, except when this is evident from the description or the nature of the invention.

3) When the invention concerns biological material which cannot be described in such a manner that the invention could be executed by a person knowledgeable in the subject, and such material is not available to the public, the description will be complemented by the deposit of said material in a deposit institution designated beforehand by the General Agency for Industrial Property.

4) When the deposit of biological material to complement the description has been made, this circumstance shall be indicated in the description together with the name and address of the institution of deposit, the date of the deposit and the order number given to the deposit by the institution. It shall also describe the nature and characteristics of the material deposited when this is relevant to the disclosure of the invention.

Article 22

Examination of the Merits

2) The patent application shall be examined to determine if its object constitutes an invention according to Articles 309 and 310.1, if the invention is patentable according to Articles 1 and 2 and Articles 3, 4, 5 and 6 if it fulfills the requirements of Articles 13, 14, 15, 16 and 17 and, when such is the case, Articles 18, numeral 1) and 135, and the corresponding regulatory provisions.

5) If any of the requirements for granting the patent are not fulfilled, the General Agency for Industrial Property shall notify the applicant so that he or she may, within a period of three months, complete the documentation filed, correct, modify or divide the application, or present such comments or documents as he may deem advisable.

6) If the applicant should not respond to the notification within the established time limit, or if, in spite of the reply, the General Agency for Industrial Property should find that the requirements for granting the patent are not satisfied, it shall be denied by means of a substantiated resolution.

Article 34

Annulment and Expiration of the Patent

1) Patents granted in violation of the provisions of this law shall automatically be null and void. The action for annulment or expiration may be carried out by any interested person via defense or exception. In particular, the General Agency for Industrial Property may at any time, at the request of any interested person or competent authority, declare a patent null and void in any of the following cases:

c) the patent does not disclose the invention pursuant to Articles 13 and 14.

e) The patent granted contains a broader disclosure than that contained in the initial

application.

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