Legislative Implementation of Flexibilities - Saint Lucia

Title:	Sections 21 (3) (b) and (4), 25 (3), 75 and 76 (1) (c) of the Patents Act No. 16 of 27/08/2001
Field of IP:	Patents
Type of flexibility:	Disclosure related flexibilities
Summary table:

Provisions of Law

Making of application

21-(3) An application for a patent shall contain:

(b) a specification containing a description of the invention, a claim or claims and any drawing referred to in the description or any claim; and

(4) The specification of an application for a patent shall disclose the invention in a manner which is clear and complete for the invention to be performed by a person skilled in the art.

Search and examination and corresponding international applications

25-(3) Upon receipt of the report of the search carried out under subsection (2), the Registrar shall send to the applicant a copy of the report, and the applicant may, within the prescribed period, file a request and pay the prescribed fee for an examination report on the application so as to determine whether the conditions specified in sections 9 and 21(4) and (5) have been complied with, taking into consideration all the relevant prior art, if any, referred to in the search report; and upon receipt of the report, the Registrar shall send to the applicant a copy of the report.

(4) Where the applicant has furnished the prescribed details under subsection (1) (c), he or she shall, subject to subsection (5), within the prescribed period, file the prescribed information in or translated into the English Language relating to any one of the corresponding international applications or other corresponding applications referred to in subsection (1) (c).

(5) The applicant may, instead of filing the prescribed information referred to in subsection (4), within the prescribed period, either:

(a) file a copy of a search report in respect of any one of the corresponding international applications or other corresponding applications referred to in subsection (1) (c), together with a request in the prescribed form and the prescribed fee, for an examination report; or

(b) file a request in the prescribed form and pay the prescribed fee for a search and examination report.

Information on result of corresponding international applications

75-(1) The Registrar may, on the application of any interested person and on the payment of the prescribed fee, request the proprietor of a patent to furnish to the Registrar, within such period as the Registrar may specify, the prescribed information on all corresponding international applications or corresponding applications for a patent made by him or her, or his predecessor in title at any prescribed patent office with respect to which details had been furnished to the Registrar under section 25 (1) (c).

(2) Where the proprietor of a patent has furnished the prescribed information under subsection (1) or where such information is available at the Registry, the Registrar shall as soon as practicable send to the interested person the prescribed information so furnished or available.

(3) Where the proprietor of a patent fails without good cause to comply with the request of the Registrar under subsection (1), the Registrar may by order revoke the patent with effect from the date of the grant of the patent.

(4) For the purpose of this section, "corresponding international application" and "corresponding application" have the same meanings as in section 25 (9).

Power to revoke patents on application

76-(1) Subject to the provisions of this Act, the Registrar may, on the application of any person, by order revoke a patent for an invention on, but only on, any of the following grounds

(c) the specification of the patent does not disclose the invention clearly and completely for it to be performed by a person skilled in the art;