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Legislative Implementation of Flexibilities - Bhutan

Title:Sections 7(1) and (3), 10 and 16 (2) of the Industrial Property Act of 2001
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Application

7. (1) The application for a patent shall be filed in the prescribed manner with the Registrar and shall contain a request, a description, one or more claims, one or more drawings (where required), and an abstract. It shall be subject to the payment of the prescribed application fee.

(3) 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.

Information Concerning Corresponding Foreign Applications for Patents

10. (1) The applicant shall, at the request of the Registrar, furnish him with the date and number of any application for a patent filed by him abroad ("foreign application") relating to the same or essentially the same invention as that claimed in the application filed with the Industrial Property Registry.

(2) (a) The applicant shall, at the request of the Registrar, furnish him with the following documents relating to any of the foreign applications referred to in subsection(1):

(i) 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;

(ii) a copy of the patent granted on the basis of the foreign application;

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

(b) The applicant shall, at the request of the Registrar, furnish him with a copy of any final decision invalidating the patent granted on the basis of the foreign application referred to in paragraph (a).

16. Invalidation

(2)The Court or the Registrar shall invalidate the patent if the person requesting the invalidation proves that any of the requirements of Section 4(2) and (3), Section 5 and Section 7(3), (4) and (5) are not fulfilled or if the owner of the patent is not the inventor or his successor in title.

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