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Legislative Implementation of Flexibilities - Ghana

Title:Sections 64-65 of the Patent Law No. 305A of 30/12/1992
Field of IP:Patents
Type of flexibility:Utility models
Summary table:PDF

Provisions of Law

Application of provisions relating to patents to utility certificates

64.-(1) Subject to section 65 of this Law, the provisions of Parts I to XIII shall apply, with such modifications as may be necessary, to utility certificates or applications for such certificates as the case may be.

(2) Where-

(a) the right to a patent conflicts with the right to a utility certificate in the case referred to in section 8(3) of this Law; or

(b) a patent and a utility certificate are interdependent within the meaning of section 46 of this Law;

the said provisions shall apply as if the word "patent" wherever it occurs, was replaced by the words "patent or utility certificate".

Special provisions relating to utility certificates

65.-(1) An invention is eligible for a utility certificate if it is new and industrially applicable.

(2) Sections 2 and 4 of this Law shall not apply in the case of inventions for which utility certificates are requested.

(3) Section 20 of this Law shall not apply in the case of applications for utility certificates.

(4) Utility certificates shall be registered in a separate part of the register.

(5) A utility certificate shall expire at the end of the seventh year after the date of the filing of the application and is not renewable.

(6) Subsections (1), (2), (3) and (5) of section 31 shall not apply in the case of utility certificates.

(7) In proceedings under section 56 of this Law, the court shall invalidate a utility certificate on any of the following grounds-

(a) that the claimed invention was not eligible for a utility certificate, having regard to subsection (1) of this section or to section 3 or sections 5 to 7;

(b) that the description or claims do not comply with the requirements prescribed by section 12(1)(a), (b) and (c) and the rules pertaining thereto;

(c) that any drawing which is necessary for the understanding of the invention has not been furnished;

(d) that the person to whom the utility certificate was granted had no right to the utility certificate, provided that the utility certificate has not been assigned to the person who has the right to the utility certificate.

(8) Section 56(2) shall not apply in the case of utility certificates.

(9) Utility certificate means a certificate granted in a case where the invention although new and useful would be considered obvious from the point of view of a person skilled in the art.

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