THE PATENTS RULES, 1996
Citation
1. These Rules may be cited as the Patents Rules, 1996.
Interpretation
2. In these Rules, unless the context otherwise requires-
"priority date" means the filing date of the earlier application that serves or earlier applications that serve as the basis for the right of priority as provided for in section 20;
"section" refers to the specified section of the Act.
Fees, forms
3. (1) The fees to be paid in respect of matters arising under the Act or these Rules shall be those specified in the Schedule of Fees in Schedule 1.
Schedule 1
(2) The forms referred to in these Rules are those set out in Schedule 2.
Schedule 2
(3) A requirement under these Rules to use such a form is satisfied by the use either of a replica of that form or of a form which is acceptable to the Controller and contains the information required by the form set out in that Schedule.
Language of documents and translations
4. Applications shall be in the English Language, and any document forming part of an application or submitted to the Controller pursuant to the Act or these Rules and which is in a language other than English verified by the translator that the translation is to the best of his knowledge complete and faithful.
Indication of name, address, nationality and residence
5. (1) Names of natural persons shall be indicated by the person's family name and given name or names, the family name being indicated before the given names and the names of legal entities shall be indicated by their full, official designations.
(2) Addresses shall be indicated in such a way as to satisfy the customary requirements for prompt postal delivery at the indicated address and, in any case, shall consist of all the relevant administrative units, including the house number, if any, and addresses shall also indicate any telegraphic and telex addresses and telephone and facsimile numbers.
(3) Nationality shall be indicated by the name of the State of which a person is a national and legal entities shall indicate the name of the State under whose laws they are constituted and their registered office.
(4) Residence shall be indicated by the name of the State of which a person is a resident.
Signatures by partnerships, companies and associations
6. (1) A document purporting to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by all the partners or by any partner qualified to sign, stating that he signs on behalf of the partnership, or by any other person who satisfies the Controller that he is authorized to sign the document and a document purporting to be signed for or on behalf of a body corporate shall be signed by a director or by the secretary or other principal officer of the body corporate, or by any other person who satisfies the Controller that he is authorized to sign the document and shall bear the seal of the body corporate and a document purporting to be signed for or on behalf of an association of persons may be signed by any person who satisfies the Controller that he is duly authorized.
(2) The Controller may, whenever he deems it necessary, request evidence of authorization to sign.
Representation by attorney-at-law
7. (1) The appointment of an attorney-at-law shall be by an authorization of agent and shall be signed by the applicant or, if there are more than one, by each applicant.
(2) The authorization of agent appointing an attorney-at-law may be filed together with the application or within two months from its filing date and if the appointment is not thus made and is not in accordance with section 79 and subrule (1), any procedural steps taken by the attorney-at-law, other than the filing of the application, shall be deemed not to have been taken.
PART I
PATENTS
Classification of patents
8. The Controller shall apply the International Patent Classification, as adopted under the Strasbourg Agreement of March 24, 1971, and updated in its subsequent editions, for all purposes relating to the grant and publication of patents.
Request for grant of patent
9. (1) The request for the grant of a patent shall be made on Form No. 1 and shall be signed by each applicant.
(2) The request shall indicate each applicant's name, address, nationality and residence.
(3) Where the applicant is the inventor, the request shall contain a statement to that effect, and, where he is not, it shall indicate each inventor's name and address and be accompanied by the statement justifying the applicant's right to the patent.
(4) If the applicant is represented by an attorney-at-law, the request shall so indicate and state the attorney-at-law's name and address.
(5) The title of the invention shall be short and precise.
Description
10. (1) The description shall first state the title of the invention as appearing in the request and shall-
(a) specify the technical field to which the invention relates;
(b) indicate the background art which, as far as known to the applicant, can be regarded as useful for the understanding, searching and examination of the invention, and, preferably, cite the documents reflecting such art;
(c) disclose the invention in such terms that it can be understood and state its advantageous effects, if any, with reference to the background art;
(d) briefly describe the figures in the drawings, if any;
(e) set forth in terms of examples, where appropriate, and with reference to the drawings, if any, the mode or modes for carrying out the invention referred to in section 18(3); and
(f) indicate explicitly, when it is not obvious from the description or nature of the invention, the way in which the invention is industrially applicable and the way in which it can be made and used, or, if it can only be used, the way in which it can be used.
(2) The manner and order specified in paragraph (1) shall be followed except when, because of the nature of the invention, a different manner or a different order would result in a better understanding and a more concise presentation.
Micro-organisms
11. (1) To the extent that the contents of an application for a patent or of a patent discloses an invention which requires for its performance the use of a micro-organism which is not available to the public at the date of filing, these contents shall, pursuant to section 18(6) and this rule, be treated as disclosing the invention in a manner which is clear and complete enough for the invention to be performed by a person skilled in the art if the following conditions are satisfied:
(a) a culture of the micro-organism has been deposited in a culture collection not later than the date of filing the application;
(b) the application as filed gives such relevant information as is available to the applicant on the characteristics of the micro-organism; and
(c) the name of the culture collection, the date when the culture was deposited and the accession number of the deposit are given in the description of the application.
(2) The giving of the information specified in subrule (1)(c) shall be considered as constituting the unreserved and irrevocable consent of the applicant to the culture deposited being made available to any person who, on or after the date of publication of the application, makes a valid request therefor to the culture collection with which the micro-organism is deposited and a request shall be valid if it is accompanied by the Controller's certificate authorizing the release of the sample to that person.
(3) An application for a certificate referred to in subrule (2) shall be submitted to the Controller, accompanied by the prescribed fee, together with-
(a) an undertaking not to make the culture available to any other person until the application for the patent is refused or withdrawn or deemed to be withdrawn or, if a patent is granted, until it ceases to have effect without the possibility of renewal or restoration; and
(b) an undertaking to use the culture for experimental purposes only until the application is refused or withdrawn or deemed to be withdrawn or until the date of publication in a periodical that the patent has been granted.
(4) The Controller shall send a copy of the request referred to in subrule (2) to the applicant for, or owner of, the patent.
Claims
12. (1) The number of the claims shall be reasonable, taking into account the nature of the invention and if there are several claims, they shall be numbered consecutively in Arabic numerals.
(2) The claims shall define the invention in terms of the technical features of the invention.
(3) Whenever appropriate, claims shall contain-
(a) a statement indicating those technical features of the invention which are necessary for the definition of the latter but which, in combination, are part of the prior art;
(b) a characterizing portion preceded by the words "characterized in that," "characterized by," "wherein the improvement comprises," or any other words to the same effect stating concisely the technical features which, in combination with the features stated under paragraph (a), it is desired to protect.
(4) Claims may be written, where their understanding is thereby enhanced, in a single statement containing a recitation of a combination of several elements or steps which defines the matter for which protection is sought.
(5) Claims shall not, except where absolutely necessary, rely in respect of the technical features of the invention on references to the description or drawings and in particular, they shall not rely on such references as "as described in part of the description," or "as illustrated in figure of the drawings."
(6) No claim shall contain any drawing or graph but any claim may contain tables and chemical or mathematical formulae.
(7) Where the application contains any drawing, any technical feature mentioned in any claim may, if the intelligibility of that claim can thereby be enhanced, include a reference sign to that drawing or to the applicable part of that drawing and such a reference sign shall be placed between square brackets or parentheses and shall not be construed as limiting the claim.
(8) Any claim submitted after the filing date of the application and which is not identified with the claims previously appearing in the application shall, at the choice of the applicant, be submitted either as an amended claim or as a new claim.
(9) The deletion of any claim previously appearing in the application shall be made by indicating the number of the previous claim followed by the word "cancelled".
(10) Any claim which includes all the features of one or more other claims of the same category (hereinafter referred to as "dependent claim" or "multiple dependent claim," respectively) shall preferably first refer to the other claim or claims by indicating the serial number of the other claim or the serial numbers of the other claims and then state those features claimed that are additional to the features claimed in the other claim or claims.
(11) Dependent claims or multiple dependent claims may depend on dependent claims or multiple dependent claims and multiple dependent claims may refer in the alternative or in the cumulative to the claims on which they depend.
(12) All dependent claims referring to the same other claim, and all multiple dependent claims referring to the same other claims, shall be grouped together in the most practical way possible.
Drawings
13. (1) Drawings forming part of an application for a patent shall be on sheets the usable surface area of which shall not exceed 26.2 cm by 17 cm.
(2) The sheets shall not contain frames round the usable or used surface and the minimum margins shall be as follows:
top |
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2.5 cm |
left side |
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2.5 cm |
right side |
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1.5 cm |
bottom |
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1.0 cm. |
(3) Drawings shall be executed as follows:
(a) without colouring, in durable, black, sufficiently dense and dark, uniformly thick and well-defined lines and strokes to permit satisfactory reproduction;
(b) cross-sections shall be indicated by hatching which does not impede the clear reading of the reference signs and leading lines;
(c) the scale of the drawings and the distinctness of their graphical execution shall be such that a photographic reproduction with a linear reduction in size to two-thirds would enable all details to be distinguished without difficulty and if, as an exception, the scale is given on a drawing, it shall be represented graphically;
(d) all numbers, letters and reference signs appearing in the drawings shall be simple and clear and brackets, circles and inverted commas shall not be used in association with numbers and letters;
(e) elements of the same figure shall be in proportion to each other, unless a difference in proportion is indispensable for the clarity of the figure;
(f) the height of the numbers and letters shall not be less than 0.32 cm and for the lettering of drawings, the Latin and, where customary, the Greek alphabets shall be used;
(g) the same sheet of drawings may contain several figures but where figures drawn on two or more sheets are intended to form one whole figure, the figures on the several sheets shall be so arranged that the whole figure can be assembled without concealing any part of the partial figures;
(h) different figures shall be arranged without wasting space, clearly separated from one another and different figures shall be numbered consecutively in Arabic numerals, independently of the numbering of the sheets;
(i) reference signs not mentioned in the description or claims shall not appear in the drawings, and vice versa, and the same features, when denoted by reference signs, shall, throughout the application, be denoted by the same signs;
(j) the drawings shall not contain textual matter, except when required for the understanding of the drawings, a single word or words such as "water", "steam", "open", "closed", "section on AA" and in the case of electric circuits and block schematic or flow sheet diagrams, a few short catchwords;
(k) the sheets of the drawings shall be numbered in accordance with rule 16(7).
(4) Flow sheets and diagrams shall be considered drawings for the purposes of these Rules.
Abstract
14. (1) The abstract shall be so drafted that it can efficiently serve as a scanning tool for the purposes of searching in the particular art.
(2) The abstract shall consist of the following:
(a) a summary of the disclosure as contained in the description, the claims, and any drawings, indicating the technical field to which the invention pertains and drafted in a way which allows the clear understanding of the technical problem, the gist of the solution of that problem through the invention and the principal use or uses of the invention; and
(b) where applicable, the chemical formula which, among all the formulae contained in the application, best characterizes the invention.
(3) The abstract shall be as concise as the disclosure permits, preferably 50 to 150 words.
(4) The abstract shall not contain statements on the alleged merits or value of the invention or on its speculative application.
(5) Each main technical feature mentioned in the abstract and illustrated by a drawing in the application shall be followed by a reference sign, placed between parentheses.
(6) The abstract shall be accompanied by the most illustrative of any drawings furnished by the applicant.
Measures, terminology and signs
15. (1) Units of weights and measures shall be expressed in terms of the metric system.
(2) Temperatures shall be expressed in degrees celsious.
(3) Density shall be expressed in metric units.
(4) For indications of heat, energy, light, sound, and magnetism, as well as for mathematical formulae and electrical units, rules in general use shall be observed and for chemical formulae, the symbols, atomic weights, and molecular formulae, in general use, shall be employed.
(5) In general, only such technical terms, signs and symbols shall be used as are generally accepted in the art.
(6) The terminology and signs shall be consistent throughout the application.
Number of copies and physical requirements
16. (1) Subject to rule 20(7), the application and any accompanying statements or documents shall be filed in three copies, but the Controller may require the applicant to supply additional copies.
(2) All elements of the application shall be so presented as to admit of direct reproduction by photography, electrostatic processes, photo offset and micro-filming.
(3) Only one side of each sheet contained in the application shall be used.
(4) All elements of the application shall be on paper which is flexible, strong, white, smooth, non-shiny and durable.
(5) The size of the sheets shall be A4 (29.7 cm ´ 21 cm), although the Controller may accept sheets of other sizes.
(6) The minimum margins of sheets shall be as follows:
(a) upper margin of each page, except the first page: 20 mm;
(b) upper margin of the first page: 30 mm;
(c) side margin adjacent to the binding: 25 mm;
(d) other side margin: 20 mm;
(e) bottom margin: 20 mm.
(7) All sheets shall be numbered at the top of the sheet, in the middle, in consecutive Arabic numerals.
(8) In effecting the sequential numbering of the sheets, the elements of the application shall be placed in the following order: the request, the description, the claim, the abstract, the drawings.
(9) The sequential numbering of the sheets shall be effected by using three separate series of numbering, the first series applying to the request only and commencing with the first sheet of the request, the second series commencing with the first sheet of the description and continuing through the claims until the last sheet of the abstract, and the third series being applicable to the sheets of the drawings only and commencing with the first sheet of the drawings.
(10) The text matter of the application shall be typed but graphic symbols, chemical or mathematical formulae and certain characters, if necessary, may be handwritten or drawn.
(11) Drawings shall be executed in durable, black, sufficiently dense and dark, uniformly thick and well-defined lines and strokes without colourings.
Unity of invention claims in different categories
17. (1) Where a group of inventions is claimed, the requirement of unity of invention referred to in section 18(4)(d) shall be fulfilled only if there is a technical inter-relationship between those inventions involving one or more of the same or corresponding special technical features and the expression "special technical features" shall mean those technical features which define the contribution which each of the invention as claimed, considered as a whole, makes over the prior art.
(2) The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternative within a single claim.
(3) An application for a patent which includes in particular:
(a) in addition to an independent claim for a given product, the inclusion in the same application of an independent claim for a process specially adapted for the manufacture of the said product, and the inclusion in the same application of an independent claim for a use of the said product; or
(b) in addition to an independent claim for a given process, the inclusion in the same application of an independent claim for an apparatus or means specifically designed for carrying out the said process; or
(c) in addition to an independent claim for a given product, the inclusion in the same application of an independent claim for a process specially adapted for the manufacture of the product, and the inclusion in the same application of an independent claim for an apparatus or means specifically designed for carrying out the process,
shall be treated as being related to a group of inventions which are so linked as to form a single inventive concept.
(4) Subject to section 18(4)(d), it shall be permitted to include in the same application two or more independent claims of the same category which cannot readily be covered by a single generic claim.
(5) Subject to section 18(4)(d) it shall be permitted to include in the same application a reasonable number of dependent claims, claiming specific forms of the invention claimed in an independent claim.
Division of application
18. (1) A divisional application pursuant to section 19(4) shall contain a reference to the initial application.
(2) If the applicant wishes a divisional application to benefit from any priority claimed for the initial application, the divisional application shall contain a request to that effect and in such a case, the declaration of priority and the documents furnished in accordance with rule 20 for the initial application shall be deemed to relate also to the divisional application.
(3) Where the priorities of two or more earlier applications were claimed for the initial application, a divisional application may benefit only from the priority or priorities that are applicable to it.
Disclosures to be disregarded for art purposes
19. An applicant who wishes a disclosure of the invention to be disregarded, in accordance with section 9(3), for prior art purposes, shall so indicate on the application and shall furnish, in writing, with the application or within one month of filing the application, full particulars of the disclosure.
Declaration of priority and translation of earlier application
20. (1) The declaration referred to in section 20(1) shall be made at the time of filing the application for the patent and shall indicate:
(a) the date of filing of the earlier application;
(b) the number of the earlier application, subject to subrule (2);
(c) the symbol of the International Patent Classification which has been allocated to the earlier application, subject to subrule (3);
(d) the State in which the earlier application was filed or, where the earlier application is a regional or an international application, the State or States for which it was filed;
(e) where the earlier application is a regional or an international application, the office with which it was filed.
(2) Where at the time of filing the declaration referred to in subrule (1) the number of the earlier application is not known, that number shall be furnished within the period of sixteen months after the priority date.
(3) Where a symbol of the International Patent Classification has not been allocated to the earlier application, or had not yet been allocated at the time of filing the declaration referred to in subrule (1), the applicant shall state this fact in the said declaration and shall communicate such symbol as soon as it has been allocated.
(4) The applicant may, at any time before the grant of the patent, amend the contents of the declaration referred to in subrule (1).
(5) The period for furnishing the certified copy of the earlier application, referred to in section 20(2), shall be three months from the date of the request by the Controller and where a copy has already been furnished for another application, the applicant may respond by making a reference to that other application.
(6) Where the earlier application is in a language other than English, the applicant shall, within six months from the date of the aforementioned request, furnish an English translation of the earlier application.
(7) Unless the Controller requests otherwise, the earlier application and any translation thereof shall be filed in one copy.
Time for furnishing information concerning corresponding foreign applications patents and other titles of protection
21. (1) The time limits to be specified for furnishing the information requested under section 21 shall not be less than two or more than six months from the date such a request is made and upon a reasoned request by the applicant, the Controller may extend such time limit.
(2) If the applicant replies that the documents requested under section 21 are not yet available, the Controller may suspend the procedure for the examination of the application until such time as the documents are furnished.
Withdrawal and amendment of application
22. (1) The withdrawal of an application, pursuant to section 27, shall be made by written declaration submitted to the Controller and signed by each applicant.
(2) The application fee shall not be refunded if the application is withdrawn.
(3) Any amendment under section 26(1) shall be made and any amendment under section 26(4) shall be requested together with the payment of the prescribed fee.
Marking application
23. (1) Upon receipt, the Controller shall mark, on each document making up the application, the actual date of receipt and the application number consisting of the letters TT, slant, the letter a1, slant, the numbers of the year in which the initial papers were received, slant, and a five-digit number allotted in the sequential order in which applications are received, and where any corrections or other later filed documents are received on different dates, the Controller shall also mark their actual date of receipt in the appropriate place of the request for grant of the patent (Form No. 1).
(2) The application number allotted under subrule (1) shall be quoted in all subsequent communications concerning the application.
According and notifying filing date
24. (1) The Controller shall examine whether the application fulfills the requirements of section 19(1).
(2) The invitation to file any correction, under section 19(2), shall be in writing, it shall specify the correction or corrections required and request that these be filed within two months from the date of the invitation, together with the payment of the prescribed fee.
(3) Once the Controller accords a filing date, he shall notify the applicant in writing and if the application is treated as if it had not been filed, under section 19(2), the Controller shall notify the applicant in writing, specifying the reasons.
Examination as to form
25. (1) In addition to the requirements of section 23(2) in conjunction with section 18(1) and (2) and the provisions of these Rules pertaining thereto, the requirements of sections 21 and 79 and rules 4 to 7 and 9 to 16, to the extent applicable, shall be considered formal requirements for the purposes of the Act.
(2) Where the Controller finds that the conditions referred to in subrule (1) are not fulfilled, he shall invite the applicant, in writing, to file the required correction within two months from the date of the invitation, together with the payment of the prescribed fee.
(3) Where no abstract is provided, the Controller shall invite the applicant to correct the deficiency either by providing an abstract or by paying the prescribed fee for the preparation of the abstract by the Controller himself.
(4) Where the applicant does not comply with the invitation to correct deficiency, or where, despite the corrections submitted by the applicant, the Controller is of the opinion that the conditions referred to in section 23(2) are not fulfilled, he shall reject the application pursuant to section 23(3) and notify the applicant, in writing, stating the reasons.
(5) Refusal of the application shall not affect its filing date which shall remain valid.
Examination as to substance and decision to grant or refuse to grant patent
26. (1) For purposes of the examination under section 24, the Controller may, subject to the payment of the prescribed fee, transmit the application, together with all relevant documents, to an examining authority with which an arrangement to this effect has been concluded, requesting a search and examination report.
(2) Where, taking due account of the conclusions of the search and examination report referred to in subrule (1), if any, the Controller is of the opinion, that the conditions referred to in section 24 are not fulfilled, he shall notify the applicant, in writing, inviting him several times if necessary, to submit his observations and, where applicable, to amend or divide his application, within a specified period, and such specified period shall not be less than two or more than six months from the date of the invitation.
(3) The invitation shall be made on Form No. 2 and it may be made several times if necessary.
(4) Any amendment under subrule (2) shall be made together with the payment of the prescribed fee.
(5) Where the applicant does not comply with the said invitation or where, despite any observation, amendment or division submitted by the applicant, the Controller, taking due account of the conclusions of the search and examination report referred to in subrule (1), if any, is of the opinion that the conditions referred to in section 24 are not fulfilled, he shall refuse to grant the patent.
(6) Where the Controller, taking due account of the conclusions of the search and examination report referred to in subrule (1), if any, is of the opinion that the conditions referred to in subrule (1) are fulfilled, he shall grant the patent in accordance with section 25(2) and rule 27.
(7) The Controller shall notify the applicant, in writing, of his decisions to grant or to refuse to grant a patent, attaching a copy of the search and examination report, if any, upon which the decision is based and, in the case of a refusal, stating the reasons therefor and in the case of a decision to grant a patent, requesting the applicant to pay the grant and publication fee within three months from the date of the notification.
Grant of patent; publication of reference thereto issuance of certificate
27. (1) The Controller shall allot to each patent he grants a number (to be known as "the publication number of the patent") in the sequential order of grant.
(2) The patent shall be granted on Form No. 3 and shall contain, in addition to the information indicated in subrule (3), the date of publication of the patent, the documents or references cited of the prior art, the description, the claims and the drawings if any.
(3) The publication of the notice, under section 28(1) and (2), of the grant of the patent shall include:
(a) the number of the patent;
(b) the name and address of the owner of the patent;
(c) the name and address of the inventor, except where he has asked not to be named in the patent;
(d) the name and address of the attorney-at-law if any;
(e) the filing date;
(f) if priority has been claimed and the claim has been accepted, a statement of the priority, the priority date and the name of the country or countries in which or for which the earlier application was filed;
(g) the effective date of grant of the patent;
(h) the title of the invention;
(i) the abstract;
(j) the most illustrative of the drawings, if any; and
(k) the symbol of the International Patent Classification.
(4) The certificate of grant, issued in accordance with section 28(3), shall be issued on Form No. 4, shall be signed by the Controller and shall contain-
(a) the number of the patent;
(b) the name and address of the owner of the patent;
(c) the filing date and, where applicable, priority date of the application;
(d) the effective date of grant of the patent; and
(e) the title of the invention.
Use of patented invention for services of the State
28. (1) The Minister shall, before making a decision under section 48, consult the Controller, and give the owner of the patent, beneficiaries of non-voluntary licenses, and any other persons whose participation he considers useful, at least 21 days' written notice of the date on which they may be heard and the owner of the patent shall give all licensees written notice of the hearing and they shall have the right to participate therein.
(2) The Minister shall make his decision, after the hearing, if any, in writing, stating the grounds upon which it is based and the terms of use, and shall transmit the decision to the Controller.
(3) The Controller shall record and publish the decision of the Minister and, in writing, notify the owner of the patent and the other participants in the hearing.
(4) If the decision of the Minster is the subject of an appeal, the Registrar of the court shall notify the Controller of the court's decision once it becomes final, and the Controller shall record the decision and publish it.
Annual fees
29. (1) Upon payment of an annual fee in accordance with section 30(1), the Controller shall, within two weeks from the date payment is received, furnish or send to the applicant or to the owner of the patent a receipt of payment.
(2) The Controller shall record and publish a notification of the lapse of a patent.
(3) Annual fees shall not be refundable.
Surrender of patent or claim
30. (1) The notice of an offer by an owner of a patent to surrender his patent, or a claim or claims therein, under section 31, shall be given in writing, stating the reasons for making this offer and stating whether or not an action is pending before the court for infringement or for revocation of the patent and the offer shall be published by the Controller in the periodical.
(2) At any time within three months from the publication, in the periodical of a notice of an offer to surrender, any person may give to the Controller notice of opposition to the surrender, a copy of which the Controller shall send to the owner of the patent.
(3) Such notice of opposition shall be accompanied by a copy thereof and be supported by a statement in duplicate setting out fully the facts upon which the opponent relies and the relief which he seeks and the Controller shall send a copy of the notice and the statements to the owner of the patent.
(4) Within three months of the receipt of the copy, the owner of the patent shall, if he wishes to continue with the surrender, file a counter-statement, in duplicate, setting out fully the grounds upon which the opposition is resisted and the Controller shall send a copy of the counter-statement to the opponent.
(5) The Controller may give such directions as he may think fit with regard to the subsequent procedure.
Entries in the register
31. (1) The Controller shall cause to be entered in the register in respect of every patent, in addition to the information indicated in rule 27(3)-
(a) the address for service;
(b) the date on which the patent expired or was surrendered or revoked;
(c) any change in name, address, address for service and ownership in accordance with rules 32 and 33;
(d) the fact that a license contract has been concluded and recorded in the special register pursuant to section 45 and rule 37;
(e) the grant of any compulsory license with respect to the patent pursuant to section 46 and the terms, variation of terms and termination thereof; and
(f) any authorization by the Minister pursuant to section 48 and the terms, variation of terms and termination thereof.
(2) The Controller may at any time enter in the Register such other particulars as he may think fit.
Change of name, address or address for service
32. (1) A request by the owner of a patent or an applicant for a patent for the alteration of a name, nationality, address or address for service on record in respect of his patent or application shall be made in writing and shall be accompanied by the prescribed fee.
(2) Before acting on a request to alter a name or nationality, the Controller may require such proof of the alternation as he thinks fit.
Change in ownership
33. (1) An application to register, or to give notice to the Controller of, any transaction, instrument or event to which section 35 applies shall be made on Form No. 5 and be accompanied by the prescribed fee.
(2) Unless the Controller otherwise directs, an application under subrule (1) shall be accompanied by-
(a) a certified copy of any document which establishes the transaction, instrument or event; or
(b) a certified copy of such extracts from such documents as suffice to establish the transaction, instrument or event.
(3) In order to be accepted for recordal purposes, an agreement assigning the ownership of the patent application or the patent must contain at least the number and date of the patent application or the patent, the title of the invention and the names, addresses, nationalities, and signatures of the assignor and assignee.
(4) The publication of the change in ownership shall specify-
(a) the number of the application or registration concerned;
(b) the filing date, the priority date, if any, and the date of grant;
(c) the owner and the new owner; and
(d) the nature of the change of ownership.
(5) If the Controller is satisfied that the request should be allowed, he shall cause the patent or application therefor and, where the ownership has been recorded in the register, the register to be altered accordingly.
34. Entries in the register shall be made available, subject to the payment of the prescribed fee, for inspection by the public between the hours of 10.00 a.m. and 4.00 p.m. on weekdays other than Saturdays and public holidays.
Inspection of Register
35. Request pursuant to section 36 for certified copies or copies of extracts from a register or for copies of patents, patent applications or other documents shall be made to the Controller in writing and shall be subject to payment of the prescribed fee.
Request for extracts from the Register and for copies of documents
36. (1) A request for correction of an error in the register or in any document filed with the Controller in connection with registration shall be made in writing, stating the desired correction, and shall be accompanied by the prescribed fee.
Request for correction of errors
(2) A request for the correction of an error of translation or transcription, a clerical error or mistake in the claims, description or drawings of a patent or application for a patent or any document filed in connection with a patent or such an application shall be made in writing, stating the desired correction, and shall be accompanied by the prescribed fee.
(3) Where such a request relates to the claims, description or drawings, no correction shall be made therein unless the correction is obvious in the sense that it is immediately evident that nothing else would have been intended than what is offered as the correction.
(4) Where the correction of a patent is requested, the Controller may require notice of the proposed correction to be advertised and the advertisement shall be made by publication of the request and the nature of the proposed correction.
(5) Any person may, at any time within three months after the date of the publication, give, to the Controller, notice of opposition to the request, in duplicate, and the notice of opposition shall be supported by a statement in duplicate setting out fully the facts on which the opponent relies and the relief which he seeks.
(6) The Controller shall send a copy of the notice and the statement to the person making the request who, if he desires to proceed with his request, shall within three months of the receipt of the copies file a counter-statement in duplicate setting out fully the grounds on which he contests the opposition and the Controller shall send a copy of the counter-statement to the opponent.
(7) The Controller may give such directions as he may think fit with regard to the subsequent proceedings.
37. The Controller shall maintain a special register in which he shall register license contracts.
Special register
38. The special register and the file relating to a license agreement may be inspected and extracts obtained there from only with the written permission of the licensor and licensee.
Inspection of special register and files
39. (1) The petition for registration of a license contract under section 40 shall be made in writing.
Submission of license contract
(2) The petition shall be accompanied by-
(a) copies of all the documents constituting the contract, including all amendments, annexes, riders, and other supplements thereto or modifications thereof;
(b) copies of all other documents or material relating to the contract necessary for the interpretation or understanding thereof; and
(c) the prescribed fee.
40. (1) An application to the Controller for leave to amend the description, claims or drawings of a patent shall be accompanied by a document clearly showing the amendment sought and the prescribed fee and the Controller may request the applicant to file a copy of the unamended text of the description or claims or of the drawings on which the amendment is shown in red ink.
Amendment of specification after grant
(2) The application shall be advertised by publication of the application and the nature of the proposed amendment in a periodical and in such other manner, if any, as the Controller may direct.
(3) Any person wishing to oppose the application to amend shall, within two months from the date of the advertisement in a periodical give notice to the Controller.
(4) Such notice shall be accompanied by a copy thereof and be supported by a statement in duplicate setting out fully the facts upon which the opponent relies and the relief which he seeks and the Controller shall send a copy of the notice and of the statement to the applicant.
(5) Within the period of two months beginning on the date when such copies are sent to him the applicant shall, if he wishes to continue with the application, file a counter-statement in duplicate setting out fully the grounds upon which the opposition is resisted and the Controller shall send a copy of the counter-statement to the opponent.
(6) The Controller may give such direction as he may think fit with regard to the subsequent procedure.
41. (1) Where the provisions of section 61(1) apply only to some of the claims or some parts of a claim and no amendment of the specification by the owner of the patent pursuant to section 61(2) is required, such claims or parts of a claim shall be revoked.
Revocation
(2) The patent owner shall, in writing, notify any licensee of any court proceeding instituted for the revocation of the patent and the person requesting revocation shall so notify any beneficiaries of non-voluntary licenses granted under section 46 and, where the ground of invalidity invoked is that the patent owner is not the inventor or his successor in title, the person alleged to have the right to the patent shall also be notified.
42. (1) For the purposes of these Rules, "designate", "designated Office", "elect", "elected Office", "international filing date", "international preliminary examination" and "receiving Office" have the same meaning as in the Patent Co-operation Treaty.
International applications under the Patent Co-operation Treaty
(2) An international application designating Trinidad and Tobago shall be treated as a patent application under the Act having as its filing date the international filing date accorded under the Patent Co-operation Treaty.
(3) Notwithstanding the provisions of the Act and these Rules, the requirements in relation to the filing and contents of an international application, and to the fees payable in respect of the filing of such an international application, shall be those which apply under the Patent Co-operation Treaty and the Regulations and Administrative Instructions thereunder.
(4) An international application filed with the Intellectual Property Office as receiving Office shall be filed in English and the prescribed transmittal fee shall be paid to the Intellectual Property Office within one month from the date of receipt of the international application.
(5) The applicant in respect of an international application designating Trinidad and Tobago shall, before the expiration of the time limit applicable under subrule (6) or (7)-
(a) pay the prescribed fee to the Intellectual Property Office; and
(b) if the international application was not filed in, and has not been published under the Patent Co-operation Treaty as a translation into English, file with the Intellectual Property Office a translation of the international application, containing the prescribed contents, into English.
(6) Where Trinidad and Tobago was not, before the expiration of 19 months from the priority date referred to in Article 2(xi) of the Patent Co-operation Treaty, elected for the purposes of international preliminary examination-
(a) the time limit referred to in subrule (5) shall be 21 months from that date;
(b) the translation referred to in subrule (5) shall contain a translation of -
(i) the description;
(ii) the claims (if amended under Article 19 of the Patent Co-operation Treaty, as so amended);
(iii) any text matter of the drawings; and
(iv) the abstract.
(7) Where Trinidad and Tobago was, before the expiration of 19 months from the priority date referred to in Article 2(xi) of the Patent Co-operation Treaty, elected for the purposes of international preliminary examination-
(a) the time limit referred to in subrule (5) shall be 31 months from that date;
(b) the translation referred to in subrule (5) shall contain a translation of-
(i) the description (if amended by any amendments annexed to the international preliminary examination report, as so amended);
(ii) the claims (if amended by any amendments annexed to that report, as so amended);
(iii) any text matter of the drawings (if amended by any amendments annexed to that report, as so amended); and
(iv) the abstract.
(8) Where the applicant fails to file a translation of an amendment referred to in subrule (5) or (6), the Controller shall invite the applicant to furnish the missing translation within two months from the date of the invitation and if the missing translation is not furnished within that time limit, the amendment shall be disregarded for the purposes of the further processing of the international application by the Intellectual Property Office.
(9) If the applicant does not comply with the requirements of subrule (5), the international application shall be considered withdrawn.
(10) Notwithstanding section 21, where the Intellectual Property Office acts as an elected Office in relation to an international application and receives the international preliminary examination report, the Controller shall not request the applicant to furnish copies, or information on the contents, of any papers connected with the examination relating to the same international application in any other elected Office.
(11) Any annual fee which falls due under section 30(1) in relation to an international application in which Trinidad and Tobago is designated need not be paid until the expiration of the time limit applicable under subrule (6) or (7).
PART II
UTILITY CERTIFICATES
Application of provisions relating to patents
43. (1) Part I of these Rules shall apply, mutatis mutandis, to utility certificates, subject to the following exceptions:
(a) the letter A, in rule 23, shall be read as the letter U;
(b) the reference, in rule 41, to section 60 shall be read as a reference to section 67.
(2) A request, under section 68, for the conversion of an application for a patent into an application for a utility certificate, or vice versa, shall be signed by the applicant and shall be accompanied by the prescribed fee.
(3) The Controller shall, within two months of the receipt of the request, notify the applicant of his decision thereon, in writing, and where he refuses the request he shall state the reasons.
PART III
MISCELLANEOUS
Address for service
44. (1) There shall be furnished to the Controller-
(a) by every applicant for the grant of a patent, an address for service in Trinidad and Tobago for the purpose of his application; and
(b) by every person (including the applicant for, or the owner of, a patent as the case may be) concerned in any proceedings to which these Rules relate, an address for service in Trinidad and Tobago,
and the address so furnished or, where another address (being an address in Trinidad and Tobago) has been furnished in place thereof, that address shall be treated for the purposes of that application for those proceedings, as appropriate, as the address of that applicant or, as the case may be, of that person.
(2) Where an attorney-at-law has been appointed, the address of the attorney-at-law shall, for all purposes connected with the Act and these Rules, be treated as the address to which communications to the person or persons who appointed the attorney-at-law shall be transmitted.
Excluded days
45. When the last day for doing any act or taking any proceedings falls on a day when the Controller's Office is not open to the public for business, it shall be lawful to do the act or to take the proceeding on the day when the Controller's Office is next open for business.
Hearing
46. (1) Before exercising adversely to any person any discretionary power given to the Controller by the Act or these Rules, the Controller shall notify such person, in writing, of the opportunity to be heard thereon, and indicating a time limit, which shall not be less than one month, for filing a request for a hearing.
(2) The request for a hearing shall be in writing and shall be subject to payment of the prescribed fee.
(3) Upon receiving such request, the Controller shall give the person applying, and any other interested persons, at least two weeks notice, in writing, of the date and time of the hearing.
Service by mail
47. (1) Any notice, application or other document sent to the Controller by mail shall he deemed to have been given, made or filed at the time when it would be delivered in the ordinary course of the mail and in proving such sending, it shall be sufficient to prove that the letter containing such notice, application or other document was properly addressed and sent by registered mail.
(2) Subrule (1) does not apply to the accordance of the filing date.
Extension of time limit
48. (1) The time or periods prescribed by these Rules for doing any act or taking any proceedings thereunder, other than times or periods prescribed in the provisions mentioned in subrule (2), may be extended by the Controller if he thinks fit, upon such notice to the parties and upon such terms as he may direct, and such extensions may be granted although the time or period for so doing such act or taking such proceeding has already expired.
(2) The provisions referred to in subrule (1) are rules 11(1)(i), 20(1), 30(2), 36(2)(d) and 40(3).
Directions as to furnishing of documents
49. At any stage of any proceedings before the Controller, he may direct that such documents, information or evidence as he may require be furnished within such period of time as he may fix.
Corrections of irregularities
50. Any irregularity in procedure before the Controller may be rectified, on such terms as he may direct.
Dispensation by the Controller
51. Where, under these Rules, any person is to do any act or thing, or any document or evidence is required to be produced or filed, and it is shown to the satisfaction of the Controller that from any reasonable cause that person is unable to do that act or thing, or that that document or evidence cannot be produced or filed, the Controller may, upon the production of such evidence and subject to such terms as he thinks fit, dispense with the doing of any such act or thing, or the production of filing of such document or evidence.
Hours of business
52. The Controller's Office shall be open to the public from Monday to Friday inclusive, each week, between the hours of 8.30 a.m. and 4.00 p.m. for all classes of business.
Evidence
53. (1) Where under these Rules evidence may be filed, it shall be by statutory declaration or affidavit.
(2) The Controller may, if he thinks fit, in any particular case, take oral evidence in lieu of or in addition to such evidence and shall allow any witness to be cross-examined on his affidavit or declaration.
Statutory declarations and affidavits
54. (1) Any statutory declaration or affidavit filed under the Act or these Rules shall be made before any officer authorized by law in any part of Trinidad and Tobago to administer an oath for the purpose of any legal proceedings.
(2) Statutory declarations or affidavits made outside Trinidad and Tobago shall be made before a Trinidad and Tobago Consul or Notary Public.
Publication
55. Particulars of patents and other proceedings under the Act and any other information required to be published under the Act or these Rules shall be published, in accordance with the direction of the Controller, in at least one of the periodicals referred to in section 2.
SCHEDULE I
Fees
Matter or Proceeding |
Amount of Fee |
Form |
||||||||||||
Application for a patent [section 18(1) and (2); rule 9] |
$2,000.00 |
|||||||||||||
Each divisional application for a patent [section 19(4); |
||||||||||||||
… |
… |
… |
… |
… |
$1,500.00 |
|||||||||
Application for a utility certificate [section 18(1) |
||||||||||||||
… |
… |
… |
$1,000.00 |
|||||||||||
Each divisional application for a utility certificate |
||||||||||||||
… |
… |
$750.00 |
||||||||||||
Correction of application to comply with requirements |
||||||||||||||
for according filing date [section 23(3); rule 25(2)] |
$250.00 |
|||||||||||||
Correction of application to comply with formal |
||||||||||||||
requirements [section 23(3); rule 25(2)] |
$250.00 |
|||||||||||||
Preparation of abstract by Controller [rule 25(2)] |
$1,500.00 |
|||||||||||||
Amendment of application at instance of applicant |
||||||||||||||
[section 26(1)] |
$500.00 |
|||||||||||||
Amendment of application on invitation of Controller |
||||||||||||||
[section 25(1); rule 26(2)] |
$250.00 |
|||||||||||||
Fee for search and examination carried out by an |
||||||||||||||
examining authority [section 24(1); rule 26(1)] |
$1,500 plus amount |
|||||||||||||
payable to |
||||||||||||||
Examining |
||||||||||||||
Authority |
||||||||||||||
Grant and publication fee (rule 27) |
$500 plus amount |
|||||||||||||
payable to |
||||||||||||||
Publisher |
||||||||||||||
Annual fees for patents: [sections 29, 30(1)] |
||||||||||||||
2nd year |
… |
… |
… |
… |
… |
… |
$200.00 |
|||||||
3rd year |
… |
… |
… |
… |
… |
… |
$400.00 |
|||||||
4th year |
… |
… |
… |
… |
… |
… |
$400.00 |
|||||||
5th year |
… |
… |
… |
… |
… |
… |
$600.00 |
|||||||
6th year |
… |
… |
… |
… |
… |
… |
$900.00 |
|||||||
7th year |
… |
… |
… |
… |
… |
… |
$1,200.00 |
|||||||
8th year |
… |
… |
… |
… |
… |
… |
$1,600.00 |
|||||||
9th year |
… |
… |
… |
… |
… |
… |
$2,000.00 |
|||||||
10th year |
… |
… |
… |
… |
… |
… |
$2,400.00 |
|||||||
11th year |
… |
… |
… |
… |
… |
… |
$3,200.00 |
|||||||
12th year |
… |
… |
… |
… |
… |
… |
$4,200.00 |
|||||||
13th year |
… |
… |
… |
… |
… |
… |
$5,200.00 |
|||||||
14th year |
… |
… |
… |
… |
… |
… |
$6,200.00 |
|||||||
15th year |
… |
… |
… |
… |
… |
… |
$7,200.00 |
|||||||
16th year |
… |
… |
… |
… |
… |
… |
$8,400.00 |
|||||||
17th year |
… |
… |
… |
… |
… |
… |
$9,600.00 |
|||||||
18th year |
… |
… |
… |
… |
… |
… |
$10,800.00 |
|||||||
19th year |
… |
… |
… |
… |
… |
… |
$12,000.00 |
|||||||
20th year |
… |
… |
… |
… |
… |
… |
$13,200.00 |
|||||||
Surcharge for late payment of annual fee |
||||||||||||||
[section 30(1)] |
10% of the overdue Fee |
|||||||||||||
Request for conversion of a patent application into an |
||||||||||||||
application for a utility certificate and vice versa |
||||||||||||||
[section 68; rule 43(2)] |
$200.00 |
|||||||||||||
Application to register, or to give notice of, |
||||||||||||||
Transaction, etc. (section 35; rule 33) |
$150.00 |
|||||||||||||
Request for recordal of change in ownership |
||||||||||||||
(section 35; rule 33) |
$150.00 |
|||||||||||||
Submission of license contract for recordal |
||||||||||||||
[section 45(2); rule 37] |
$150.00 |
|||||||||||||
Inspection of Register (for every quarter of an hour or |
||||||||||||||
Part thereof) (rule 34) |
$20.00 |
|||||||||||||
Inspection of Special Register and file relating to |
||||||||||||||
License contract (for every quarter of an hour or part |
||||||||||||||
thereof) (rule 38) |
$20.00 |
|||||||||||||
Certified copies of documents (rule 35) |
$50.00 plus |
|||||||||||||
$ 5.00 per page |
||||||||||||||
Request for correction of an error (rule 36) |
$150.00 |
|||||||||||||
Request for extension of time limit (rule 48) |
$150.00 |
|||||||||||||
Request for hearing (rule 46) |
$150.00 |
|||||||||||||
SCHEDULE II
INTELLECTUAL PROPERTY OFFICE, TRINIDAD AND TOBAGO |
||||||||||
Form No. 1 |
For Official use |
|||||||||
PATENTS ACT |
||||||||||
Date of Receipt by Intellectual Property Office: |
||||||||||
APPLICATION No.: |
||||||||||
REQUEST FOR GRANT OF |
||||||||||
PATENT OR UTILITY CERTIFICATE |
(Office's Stamp) |
|||||||||
To: The Controller |
||||||||||
Intellectual Property Office |
FILING DATE: |
|||||||||
Applicant's or Representative's File Reference: |
||||||||||
| THE APPLICANT(S) REQUEST(S) |
THE GRANT OF A PATENT |
|||||||||
THE GRANT OF A UTILITY CERTIFICATE |
||||||||||
IN RESPECT OF THE FOLLOWING PARTICULARS: |
||||||||||
I. TITLE OF INVENTION: |
||||||||||
II. APPLICANT(S)* |
||||||||||
Additional information is contained in supplemental box |
||||||||||
Name(s): |
||||||||||
Address(es): |
||||||||||
Nationality/nationalities: |
||||||||||
Country/countries of residence or principal place(s) of business: |
||||||||||
Tel. No.: |
Telegraphic Address(es): |
Telex No.: |
Fax No.: |
|||||||
Address for service in |
||||||||||
Trinidad and Tobago* |
||||||||||
III. AGENT |
||||||||||
The following agent has been appointed by the applicant(s) in the |
||||||||||
authorization of agent |
||||||||||
accompanying this Form |
to be filed within two months |
|||||||||
from the filing of this Form |
||||||||||
Name: |
||||||||||
Address: |
||||||||||
Tel. No. |
Telegraphic Address(es) |
Telex No.: |
Fax No.: |
|||||||
IV. INVENTOR |
||||||||||
Additional information is |
||||||||||
The inventor is the applicant |
contained in supplemental |
|||||||||
box |
||||||||||
If inventor is not the applicant: |
||||||||||
Name: |
||||||||||
Address: |
||||||||||
The statement justifying the applicant's right accompanies this Form |
||||||||||
V. DIVISIONAL APPLICATION |
||||||||||
This application is a divisional application ....... The benefit of the ............ filing date ............ priority date of the initial application is claimed in as much as the subject matter of the present application is contained in the initial application identified below. |
||||||||||
Initial Application No.: |
||||||||||
Date of filing of initial application: |
||||||||||
VI. DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES |
||||||||||
Disclosure occurred not more than one year before the filing date or priority date of the present application |
||||||||||
by reason or in consequence of acts of the applicant or his predecessor in title. |
||||||||||
of an abuse committed by a third party with regard to the rights of the applicant or his predecessor in title. |
||||||||||
Additional information is contained in a statement accompanying this Form. |
||||||||||
VII. PRIORITY DECLARATION (if any) |
||||||||||
The priority of (an) earlier application(s) is claimed as follows |
||||||||||
The priority of more than one earlier application is claimed; the data are indicated in the supplemental box |
||||||||||
Country (if the earlier application is |
Filing Date: |
|||||||||
a regional or international application, |
||||||||||
indicate the office with which and the |
||||||||||
countries for which it was filed): |
Application No.: |
|||||||||
Symbol of the International |
||||||||||
Patent Classification: |
||||||||||
not yet allocated |
||||||||||
The certified copy of the earlier application ............... accompanies this Form ............... will be furnished upon request by the Controller, as prescribed by Rule 20(5) ................. has already been furnished with application No. ..... [see Rule 20(5)] |
||||||||||
The English translation of the earlier application .............. accompanies this Form ............ will be furnished upon request, as prescribed by Rule 20(6) |
||||||||||
VIII. SUPPLEMENTAL BOX* |
||||||||||
IX. CHECK LIST (TO BE FILLED IN BY THE APPLICANT) |
||||||||||
A. This application contains the |
B. This Form, as filed, is accompanied |
|||||||||
following: |
by the items ticked below: |
|||||||||
1. request ….. sheet(s) |
||||||||||
2. Description …... sheet(s) |
separate signed authorization of |
|||||||||
3. claim(s) …. ….sheet(s) |
Agent |
|||||||||
4. Abstract …..sheet(s) |
statement justifying the applicant's |
|||||||||
Right |
||||||||||
5. drawing(s) …. ….sheet(s) |
||||||||||
Statement that certain disclosures |
||||||||||
be disregarded |
||||||||||
of earlier application(s)] |
||||||||||
Total |
Sheets |
English translation of earlier |
||||||||
application(s) on which priority |
||||||||||
declaration is based |
||||||||||
C. Figure number of the |
||||||||||
drawings (if any) is suggested |
application fee |
|||||||||
to accompany the abstract for |
||||||||||
Publication |
||||||||||
other document(s) (specify) |
||||||||||
X. SIGNATURE(S) … |
….. ….. …. |
|||||||||
Date |
||||||||||
Type name(s) under signature(s). |
||||||||||
Indicate whether applicant or agent. |
||||||||||
TO BE FILLED IN BY THE CONTROLLER |
||||||||||
1. Date of receipt of corrections or later filed documents completing the |
||||||||||
application: |
||||||||||
2. Date fees received: |
||||||||||
(Form No. 1, Fifth and last page)
INTELLECTUAL PROPERTY OFFICE, TRINIDAD AND TOBAGO |
||
Form No. 2 |
||
| PATENTS ACT |
||
NOTIFICATION OF NON-COMPLIANCE |
For Official Use |
|
WITH SUBSTANTIVE REQUIREMENTS |
||
AND INVITATION TO SUBMIT |
||
OBSERVATIONS AND/OR AMENDED |
Fee received on: |
|
APPLICATION FOR GRANT OF PATENT |
||
Applicant's or Representative's File |
||
Reference: |
||
In the matter of Patent Application No …. the |
||
Controller hereby notifies the applicant(s) that the following substantive requirements have |
||
not been fulfilled with respect to the above-identified application for the following reasons:* |
||
The applicant(s) is/are hereby invited to submit, within |
||
(specified period† ), |
||
his/their observations and, where applicable, an amended application. The amendment shall |
||
be made to the Controller, together with the prescribed fee. |
||
SIGNATURE … |
… |
|
The Controller |
Date |
|
(Form No 3 only page)
(19) Intellectual Property Office, |
(11) Publication Number: |
|||||||||
Trinidad and Tobago |
||||||||||
(45) Publication Date: |
||||||||||
(51) IPC: |
||||||||||
(12) |
PATENT |
|||||||||
(21) Application Number: |
(73) Owner(s): |
|||||||||
(22) Filing Date: |
||||||||||
(72) Inventor(s): |
||||||||||
(31) Priority Number: |
||||||||||
(32) Priority Date: |
||||||||||
(74) Agent: |
||||||||||
(33) Priority Country: |
||||||||||
(54) Title: |
||||||||||
(57) Abstract: |
||||||||||
(19) Intellectual Property Office, |
||||||||||
Trinidad and Tobago |
||||||||||
(11) Publication Number: |
||||||||||
(45) Publication Date: |
||||||||||
(12) |
UTILITY CERTIFICATEENT |
|||||||||
(21) Application Number: |
(73) Owner(s): |
|||||||||
(22) Filing Date: |
||||||||||
(72) Inventor(s): |
||||||||||
(31) Priority Number: |
||||||||||
(32) Priority Date: |
||||||||||
(74) Agent: |
||||||||||
(33) Priority Country: |
||||||||||
(54) Title: |
||||||||||
(57) Abstract: |
||||||||||
INTELLECTUAL PROPERTY OFFICE, TRINIDAD AND TOBAGO |
||||||||||
Form No. 4 |
||||||||||
PATENTS ACT |
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CERTIFICATE OF GRANT OF PATENT/ |
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UTILITY CERTIFICATE* |
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In accordance with section 28(3) of the Patents Act, (1996), it is hereby certified that a |
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patent/utility certificate* having the number .. ….. has been granted to: |
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Name: |
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Address: |
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on . …... (date), in respect of an invention disclosed in an |
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application for that patent/utility certificate* having the following: |
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filing date: |
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priority date: |
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being an invention for ….... |
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(title) |
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Signature .. …... |
…. |
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The Controller |
Date |
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INTELLECTUAL PROPERTY OFFICE, TRINIDAD AND TOBAGO |
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| Form No. 5 |
For Official use |
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PATENTS ACT |
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APPLICATION TO REGISTER, OR TO |
Received on: |
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GIVE NOTICE OF, TRANSACTION, |
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ETC.; RECORDING OF CHANGE IN |
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OWNERSHIP |
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To: The Controller |
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Intellectual Property Office |
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Applicant's or Representative's File |
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Reference: |
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I. IN THE MATTER OF: |
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Patent Application No.: |
Filing Date: |
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Application for Utility Certificate No. |
Filing Date: |
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Patent No.: |
Date of Grant: |
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Utility Certificate No.: |
Date of Grant: |
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II. APPLICATION TO REGISTER, OR TO GIVE NOTICE OF, |
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TRANSACTION, ETC. |
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PERSON(S) MAKING THE APPLICATION: |
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Name(s): |
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Address(es): |
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III. REQUEST FOR RECORDING OF CHANGE IN OWNERSHIP |
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The Controller is hereby requested to record the change in ownership of the |
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above-identified... ….* |
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The present applicant(s)/owner(s)† is/are identified below. |
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The new applicant(s)/new owner(s)† is/are identified below. |
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FORMER APPLICANT(S)/OWNER(S)† : |
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Name(s): |
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Address(es): |
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NEW APPLICANT(S)/NEW OWNER(S)* |
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Name(s): |
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Address(es): |
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Address for service in Trinidad and Tobago: |
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Nationality/nationalities: |
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Country/countries of residence or principal place(s) of business: |
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Tel. No.: |
Telegraphic Address(es): |
Telex No.: |
Fax No.: |
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IV. ADDITIONAL INFORMATION |
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The following items accompany this Form: |
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The original or a certified copy of the document evidencing the change of |
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ownership, signed by or on behalf of the contracting parties |
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other documents evidencing the change in ownership (specify) |
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Fees |
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other (specify) |
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V. SIGNATURES |
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… |
(Person(s) making the application† ) |
….….….…. ….…. |
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(Date) |
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… |
[New Applicant(s)/New Owner(s)‡] |
…....….....….......…... |
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(Date) |
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…. |
[Former Applicant(s)/Owner(s)‡] |
.. ….….….. |
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(Date) |
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(Form No. 5, second and last page)
Dated this 5th day of August, 1996.
K. PERSAD-BISSESSAR
Minister of Legal Affairs
Laid in the House of Representatives this 9th day of August, 1996.
J. SAMPSON
Clerk of the House
Laid in the Senate this 5th day of August, 1996.
N. COX
Clerk of the Senate
Printed by the Government Printer, Port-of-Spain Republic of Trinidad and Tobago-1996
* The data concerning each applicant must appear in this box or, if the space is insufficient, in the supplemental box.
* Where an Attorney-at-law has been appointed, his address shall be treated as the address to which communications shall be transmitted [Rule 44(2)].
* Use this box if any of the boxes is not large enough to contain information to be furnished. Indicate the boxes continued in this box by their roman numerals and title [e.g., "II. APPLICANT(S) (continued)"].
* Continue on a separate sheet, if space provided is insufficient.
† Insert time limit in accordance with Rule 26(2).
* Delete with does not apply.
* Delete with does not apply.
* Delete with does not apply.
* Indicate application or title concerned.
† Delete whichever does not apply.
† Delete whichever does not apply.
† Delete whichever does not apply.
* Delete whichever does not apply.
† Type name under signature(s).
‡ Delete whichever does not apply and type name(s) under signature(s).
‡ Delete whichever does not apply and type name(s) under signature(s).