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Legislative Implementation of Flexibilities - Antigua and Barbuda

Title:Sections 5 (5), 8, 9 (5) and (6), 10 (3) and 15 (2) of the Patents Act No. 23 of 29/12/2003
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

5. (5) 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.

8. (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 applications essentially the same invention as that claimed in the application filed with the Intellectual Property Registry.

(2) The applicant shall, at the request of the Registrar, furnish him with the following documents relating to one of the foreign 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 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.

(3) 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 subsection (2).

(4) Subsection (2)(a) and (c) shall not apply in respect of information relating to the examination of the same international application in another elected office where the Intellectual Property Office is an elected office in the meaning of section 16 and has received or will receive an international preliminary examination report.

9.- (5) Where the Registrar is of the opinion that the application complies with the requirements indicated in subsection (4), the Registrar shall take a decision as to whether the requirements of sections 2(l)(ii) and (2), 3, 5(5), (6), (7) and (8) and 6 and the Regulations pertaining thereto are fulfilled and for this purpose may, as provided for in the Regulations, cause the application to be examined.

(6) The Registrar shall take into account, for the purposes of subsection (5):

(i) the results of any international search report and any international preliminary examination report established under the PCT in relation to the application; and/or

(ii) a search and examination report submitted under section 8(2)(a) relating to, or a final decision submitted under Section 8(2)(c) on the refusal to grant a patent on, a corresponding foreign application; and/or

(iii) a search and examination report which was carried out upon his request by an external search and examination authority.

10.-(3) The Registrar shall, upon request of the owner of the patent, make changes in the text or drawings of the patent in order to limit the extent of the protection conferred thereby, provided that the change would not result in the disclosure contained in the patent going beyond the disclosure contained in the initial application on the basis of which the patent was granted.

15.-(2) The court shall invalidate the patent if the person requesting the invalidation proves that any of the requirements of sections 2(1)(ii), and (2), 3 and 5(5), (6), (7) and (8) is not fulfilled or if the owner of the patent is not the inventor or his successor in title.

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