Patents

International Arrangements:

  • WIPO (from 16 March 2000)
  • PCT (from 7 November 2002)
  • Paris Union (from 7 November 2002)

Types of Patents Available:

  • Patents of Invention
  • National Phase PCT Application

Novelty Requirements:

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.

Filing Requirements:

National Phase PCT Application:

  • Power of Attorney (notarised) (can be late filed within two months)
  • 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 (can be late filed, no set deadline)
  • Copy of Published International Application (required on day of filing)
  • Copy of International Search Report (can be late filed, no set deadline)
  • Copy of International Preliminary Report on Patentability (can be late filed, no set deadline)

Patents of Invention (Non-PCT):

  • Power of Attorney (notarised) (can be late filed within two months)
  • 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 (can be late filed, no set deadline)
  • Priority document with verified English translation (can be late filed)

Grant:

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

Renewal:

Renewal fees fall due annually payable in advance commencing on the first anniversary of the filing date. 

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