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Legislative Implementation of Flexibilities - Dominica

Title:Sections 17 (4) and 23 of the Patents Act No. 8 of 07/10/1999
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

17. (4) The description shall disclose the invention in a manner which is sufficiently clear and complete to permit a person having ordinary skill in the art to carry out the invention, and shall, in particular, indicate at least one mode known to the applicant in which the invention can be carried out.

Information concerning corresponding foreign applications

23. (1) The applicant shall, if requested by the Registrar, furnish him 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 in the application filed with the Registrar.

(2) The applicant shall also, if requested by the Registrar, furnish him with the following documents relating to any foreign application 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; and

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

(3) Subsection (2)(a) and (c) shall not apply where the Office of the Registrar is an elected Office within the meaning of section 55 and has received or will receive an international preliminary examination report.

(4) Any document furnished pursuant to this section-

(a) shall, if not in English, be accompanied by a translation thereof in English, verified by the translator that the translation is, to the best of his knowledge, complete and faithful; and

(b) may be used only for facilitating the evaluation of the novelty and inventive step of the invention for which the patent application is made.

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