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Legislative Implementation of Flexibilities - Botswana

Title:Sections 13(1) (b), and 20 of the Industrial Property Act No. 14 of 21/08/1996
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

13. (1) Every application for a patent shall be filed with the Registrar and shall be accompanied by such fee as may be prescribed, as well as the following -

(b) a description of the invention which 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 which shall indicate at least one mode known to the applicant in which the invention can be performed;

Information concerning corresponding foreign applications for patent

20. (1) The applicant shall, if requested by the Registrar, furnish rum with the date and number of any applications filed by him outside Botswana relating to the same or essentially the same invention as that claimed in the application filed with the Registrar.

(2) That applicant shall also, if requested by the Registrar, furnish him with the following documents relating to one of the 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 said application:

(b) a copy of the patent or other title of protection granted in respect of that application:

(c) a copy of any final decision rejecting the application or refusing the grant requested in respect of the application; and

(d) a copy of any final decision revoking or invalidating the patent or other title of protection granted in respect of that application.