Patents

International Arrangements:

  • Paris Union (from 24 September 1976)
  • WIPO (from 21 September 1976)

Types of Patents Available:

  • Patents of Invention

Novelty Requirement:
Absolute novelty is required. However, novelty will not be destroyed if the disclosure of the invention to the public occurred not earlier than twelve months preceding the filing date or where applicable the priority date, and it was as a consequence of:

  • acts committed by the applicant or his predecessor in title, or
  • an abuse committed by a third party with regard to the applicant or his predecessor in title.

Patentability:
Diagnostic, therapeutic and surgical methods for the treatment of humans and animals are not patentable. However products for use in any such methods may be patented. Plants, plant varieties, animals and essentially biological processes for the production of plants or animals are not patentable.

Filing Requirements:

Patents of Invention:

  • Power of Attorney (simply signed) (can be late filed within two months)
  • Declaration claiming priority(required on the day of filing)
  • Specification, claims and abstract in English (required on the day of filing)
  • Formal drawings, if applicable (required on the day of filing)
  • Assignment of Invention (notarised) (legalisation generally required) (can be late filed within two months)
  • Priority document with verified English translation (can be late filed within three months)
  • Evidence of registrations served elsewhere (can be late filed)

Grant:

The term of a patent is twenty years from the filing date.

Renewal:

Renewal fees are due annually commencing on the third anniversary of the filing date.

Printable Version

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