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Tuesday, 10 October 2006 23:15 |
REGISTRATION PROCEDURE PART I
FILING
Applications for registration of Utility models are filed directly with the ARIPO Office or the office of any contracting state. Representation is not mandatory for applicants whose ordinary residence or principal place of business is in a contracting state of filing. It is however mandatory for applicants whose ordinary residence or principal place of business is not Situate in a contracting state or host country of ARIPO.
There is a pre-registration examination for Utility Models. This is conducted in three stages. The first stage involves examination to determine whether the application meets the formalities requirements. These formalities requirements are provided in the request form. They include: -
The Title of the Invention
Identity of the applicants and inventors
Designation of States
Payments of fees
Identity of the representative
Prior Disclosures
Priority Declarations
The formalities examination is done to further ensure presence of documents in support of annotations made on the request form. These documents may include: -
The Description of the invention
The power of attorney
Deed of assignment
Translations
Priority document
The undertaking to pay
These documents are submitted either on filing or within three months from the date of filing.
The Second Stage involves substantive examination. The substantive examination is carried out to determine whether the utility model is industrially applicable and secondly whether it is new. Novelty in this case shall be the local Novelty in a designated state. On completion of the second stage, the application is forwarded to designated states.
The Third Stage involves examination by a designated state for novelty and for conformity with the national laws. This examination or verification should be completed within six months from the date of notification by ARIPO. The findings of the examination or verification are made in writing and should be to the effect that: -
The utility model is not registrable under the provisions of the Protocol, or
Because of the nature of the utility model, such a utility model cannot be registered or has no effect under the national law of that State i.e. for lack of novelty, non-protectable subject matter etc.
A designated state need not make any communication if it considers a Utility model registrable in its territory.
On expiration of six months period from the date of notification to designated states of the examination report, ARIPO registers the utility model on behalf of all the states where the utility model is eligible for registration.
REGISTRATION and PUBLICATION
Registration and Publication entails recordal of the Utility Model in the Journal and the Register. It also entails issuance of a Certificate and Publication of a copy of the specification.
RIGHT OF PRIORITY
[PARIS CONVENTION ART 4 SECTION 4 RULE 8]
Any person who has duly filed a utility model application or his successor in title shall enjoy, for the purposes of filing in the other countries, a right of priority within a prescribed period.
TEMPORARY PROTECTION OF A UTILITY MODEL
[SECTION 3 (9)]
For the purposes of novelty and priority disclosures, utility model applications shall not be refused on grounds that the invention has been exhibited at an officially recognized exhibition before the date of filing. This exception will only apply if the exhibition occurred not more than six months before the date of filing.
BOARD OF APPEAL
A Board of Appeal established in terms of Section 4 bis of the protocol shall be entrusted to consider and decide on any appeal lodged by the applicants. The decision of the Board shall be final.
PROVISIONS OF THE PROTOCOL ON UTILITY MODELS PART II
REPRESENTATON
[SECTION 2 FORM 4]
Where an applicant is represented he shall be represented by an authorized representative. The representative shall be an attorney or legal practitioner who has the right to represent applicants before the Industrial Property Office of a contracting state. The list of practitioners authorized to represent applicants is available at ARIPO and contracting states. It is regularly updated.
CONTENTS OF APPLICATION
[SECTION 3 TER (3) FORM 3]
The application for a utility model should at least contain the following : -
Identify the applicant;
Contain, as prescribed, a description of the utility model, a claim or claims, a drawing or drawings or a model, and an abstract;
Designate the contracting states for which the utility model is requested to be registered;
Be subject to payment of the prescribed fees
Physical Requirements
Documents should be so presented so as to admit direct reproduct6ion by photography, electrostatic processes, photo-offset and micro-filming and should be in the manner prescribed in the table below.
A flexible, white, smooth and durable A$
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Last Updated ( Wednesday, 09 April 2008 07:43 )
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