Patents, Industrial Designs and Trademark Regulations 2004, Mauritius, WIPO Lex

Main text(s)

English Patents, Industrial Designs and Trademark Regulations 2004

Patents, Industrial Designs and Trademarks Regulations 2004

Patents, Industrial Designs and Trademarks Regulations 2004

GN No. 45 of 2004

Date in force: 6 January 2003

THE PATENTS, INDUSTRIAL DESIGNS AND TRADEMARKS ACT 2002

Regulations made by the Minister under section 53 of the Patents, Industrial Designs and

Trademarks Act 2002

1. These regulations may be cited as the Patents, Industrial Designs and Trademarks

Regulations 2004.

2. In these regulations -

"Act" means the Patents, Industrial Designs and Trademarks Act 2002.

3. The fees to be paid in respect of matters arising under the Act or these regulations shall

be those specified in the First Schedule.

4. (1) Any person who wishes to obtain the grant of a patent or the registration of an

industrial design or a mark shall make application in the form specified in the

Second, Ninth or Fourteenth Schedule, as the case may be.

(2) The applicant shall fill all the parts and sections provided in the forms, and in

accordance with such notes and instructions as may be provided by the

Controller.

5. (1) Any application made under the Act or these regulations shall be in the English

language, and any document forming part of the application or submitted to the

Controller shall be accompanied by an English translation, where the document is

in a language other than English.

(2) A translation filed under paragraph (1) shall be deemed to be the original

document and shall in case of conflict prevail over any other version.

6. (1) The names of natural persons shall be indicated by the persons' family name and

given name, the family name being indicated before the given name.

(2) The names of legal entities shall be indicated by their full official designations.

(3) (a) An address 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 or building number, if any.

(b) An address shall also indicate telephone and fax numbers, and where

available, the electronic mail address.

(4) (a) The nationality shall be indicated by the name of the country of which a

person is a national.

(b) (b) The residence shall be indicated by the name of the country of

which a person is a resident.

whose laws it is constituted and the address of its registered office.

7. Where a person signs a document on behalf of a body corporate or unincorporate, the

Controller may, if he deems it necessary, request evidence of authorisation to sign.

8. (1) The Controller shall not act on a power of attorney designating an approved

agent, unless the power of attorney -

(a) (a) complies with section 49 of the Act, and

(b) (b) is registered with the Registrar-General.

(2) The power of attorney appointing an approved agent shall be filed together with

the application under regulation 4(1), or where the power of attorney is not

available at the time of filing the application, it shall be filed within 2 months of

the filing date of the application.

(3) Where the power of attorney is not filed within the period specified in paragraph

(2), any procedural steps taken by the legal practitioner or the approved agent,

other than the filing of the application, shall be deemed not to have been done.

(4) Where, even if filed within the period of 2 months specified in paragraph (2), the

power of attorney does not comply with section 49 of the Act, any procedural

steps taken by the approved, agent, other than the filing of the application, shall

be deemed not to have been done.

PART I-PATENTS

9. The classification of patents shall be in accordance with the Strasbourg

Agreement of 1971 as subsequently revised (International Patent Classification),

for all purposes relating to the grant and publication of patents, as well as for the

maintenance of classified search files.

10. (1) An application for a patent shall be in the form specified in the Second Schedule.

(2) All elements of the application attached to a prescribed form shall be on paper

which shall be flexible, strong, white, smooth, non-shiny and durable.

(3) An application under paragraph (1) shall also -

(a) indicate each applicant's name, address, nationality and residence;

(b) indicate the name and address of the inventor or a statement showing the

entitlement to the invention by the applicant;

(d) contain a description of the invention;

(e) state the claims;

(f) include any drawings that may be relevant for the purposes of the

application and

(g) contain an abstract of the invention.

(4) An application under paragraph (1) shall be accompanied by the

appropriate fee specified in the First Schedule.

(5) No application shall be processed unless the application fee has been paid.

11. (1) The description of the invention shall state the title of the invention as appeared

in the request and shall -

(a) specify the technical field to which the invention relates;

(b) indicate the background art and cite the relevant documents reflecting

such art;

having ordinary skill in the art and state its advantageous effects with

reference to the background act;

(d) mention any advantageous effects of the invention with reference to the

background art;

(e) where applicable, briefly describe the figures in the drawings;

(f) set forth at least one mode contemplated by the applicant for carrying out

the invention and, where appropriate, this shall be done in terms of

examples and with reference to the drawings, if any; and

(g) 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 where 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 where,

because of the nature of the invention, a different manner or a different order

would result in a better understanding and presentation of the invention.

12. (1) Where there are several claims, they shall be numbered consecutively in Arabic

numerals.

(2) The claim shall define the invention in terms of the technical features of the

invention.

(3) (3) Whenever appropriate, a claim shall include –

(a) a statement indicating those technical features of the invention which are

necessary for the definition of the invention but which, in combination,

are part of the prior art; and

(b) a characterising portion preceded by the words "characterised in that",

"characterised by", "wherein the improvement comprises", or any other

words to the same effect and stating concisely the technical features

which, in combination with the features stated under paragraph (a), the

claim is desired to protect.

(4) No claim shall rely, in respect of the technical features of the invention, on

references or cross-references to any part of the description or drawings except

where it is absolutely necessary to do so.

(5) (a) Where the application contains drawings, the technical features

mentioned in the claims shall, as far as possible, be followed by the

reference signs relating to such features, and when used, the reference

signs shall be placed between parentheses.

(b) Where inclusion of reference signs does not particularly facilitate better

understanding of a claim, it should not be made.

(6) 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 a new claim or as an amended

claim, together with the appropriate fee specified in regulation 10(4) or 23.

(7) 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"

13. (1) Any drawings forming part of an application for a patent shall be on writing

sheets, the usable surface area of which shall not exceed 26.2 centimetres by 17

centimetres.

(2) The sheets shall not contain any frame round the usable or used surface and the

margins shall be -

(a) 2.5 centimetres at the top;

(b) 2.5 centimetres on the left side;

(d) 1.0 centimetre at the bottom.

(3) A drawing shall be done -

(a) without colouring, in durable, black, sufficiently dense and dark,

uniformly thick and well-defined lines and strokes to permit satisfactory

reproduction;

(b) indicating cross-sections by hatching and which hatching shall not

impede the clear reading of the reference signs and leading lines;

reproduction with a linear reduction in size to two-thirds would enable

all details to be distinguished without difficulty;

(d) with simple and clear numbers, letters and reference signs (brackets,

circles and inverted commas shall not be used in association with

numbers and letters);

(e) such that the elements of the same figure are in proportion to each other,

unless a difference in proportion is necessary for the clarity of the figure;

and

(f) such that the height of the numbers and letters are not less than 0.32

centimetre, and for the lettering of drawings, the Latin and, where

customary, the Greek alphabet shall be used.

(4) Where the scale is given as an exception on a drawing, the scale shall be

represented graphically.

(5) (a) The same sheet of drawings may contain several figures.

(b) Where figures drawn on 2 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.

separated from one another.

(d) The different figures shall be numbered consecutively in Arabic

numerals independently of the numbering of the sheets.

(6) (a) A reference sign not mentioned in the description or claims shall

not appear in the drawings, and vice versa.

(b) The same features, when denoted by reference signs, shall throughout the

application be denoted by the same signs.

(7) (a) Subject to paragraphs (b) and (c), the drawings shall not contain textual

matter.

(b) A single word such as "water", "steam", "open", "closed" or words such

as "section on AA" may be used in a drawing.

few short catchwords may be used.

(8) Flow sheets and diagrams shall be considered as drawings.

(9) All sheets of the drawings shall be numbered in Arabic numerals.

14. (1) An abstract shall be so drafted that it can efficiently serve as a scanning tool for

purposes of searching in the particular art.

(2) (a) The abstract shall consist of –

(i) 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

(ii) where applicable, the chemical formula which, among all the

formulae contained in the application, best characterises the

invention.

(b) The summary shall be so drafted as to enable the clear understanding of

the technical problem, the gist of the solution to that problem through the

invention and the principal use or uses of the invention.

(3) The abstract shall-

(a) be as concise as the disclosure permits and shall, as far as practicable, not

exceed 150 words; and

(b) not contain statements on the alleged merits or value of the invention or

on its speculative application.

(4) Every 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.

(5) The abstract shall be accompanied by the most illustrative of any drawings

furnished by the applicant.

15. (1) The terminology and the signs shall be consistent throughout the application.

(2) Only such technical terms, signs and symbols shall be used as are generally

accepted in the field in question, unless otherwise approved by the Controller.

(3) Units of weights and measures shall be expressed in accordance with the metric

system.

(4) Temperatures shall be expressed in degrees centigrade (Celsius).

(5) Density shall be expressed in metric units.

(6) Indications of heat, energy, light, sound and magnetism, including mathematical

formulae and electrical units, shall be expressed by using rules of general use.

(7) Chemical formulae, their symbols, atomic weights, and molecular formulae, shall

be expressed by using rules of general use.

16. (1) Any statement or document accompanying an application shall be filed in 3

copies, or in such number of copies as the Controller may direct.

(2) All elements of the application shall be presented in such manner as to allow

direct reproduction by photography, electrostatic processes, photo-offset,

microfilming or digital reproduction.

(3) Only one side of each sheet contained in the application shall be used.

(4) The size of the sheets shall be A4 (29.7 centimetres by 21 centimetres), except

where appropriate, the Controller may accept sheets of other sizes.

(5) The margins of sheets shall be -

(a) for the upper margin of each page, except the first page, 20 millimetres;

(b) for the upper margin of the first page, 30 millimetres;

(d) for the other side margin, 20 millimetres; and

(e) for the bottom margin, 20 millimetres.

(6) All sheets shall be numbered at the top of the sheet, in the middle and in

consecutive Arabic numerals.

(7) In effecting the sequential numbering of the sheets, the elements of the

application shall be placed in the following order-

(a) the request;

(b) the description;

(d) the abstract; and

(e) the drawings.

(8) The sequential numbering of the sheets shall be effected by using 3 separate

series of numbering, namely -

(a) the first series applying to the request only and commencing with the

first sheet of the request;

(b) the second series commencing with the first sheet of the description and

continuing through the claims until the last sheet of the abstract; and

commencing with the first sheet of the drawings.

(9) The text matter of the application shall be typed but graphic symbols, chemical or

mathematical formulae and certain characters may be handwritten or drawn.

17. An application made under section 15 of the Act shall be construed as permitting -

(a) in relation 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 or for the use of the product;

(b) in relation 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;

the same category which cannot readily be covered by a single generic

claim;

(d) the inclusion in the same application of a reasonable number of

dependent claims, claiming specific forms of the invention claimed in an

independent claim.

18. (1) A divisional application made under section 15(4) of the Act shall contain a

reference to the initial application.

(2) Where an applicant wishes a divisional application to benefit from any

priority claim for the initial application, he shall make a request to that

effect in the divisional application.

(3) Where a request under paragraph (2) is made, the declaration of priority and the

documents furnished with the initial application shall be deemed to relate also to

the divisional application.

(4) Where priority for 2 or more earlier applications are claimed for the initial

application, a divisional application shall benefit only from the priority that is

applicable to it.

19. (1) Where an applicant wishes to avail himself of the exception set out in section

12(4) of the Act for prior art purposes, he shall so indicate on the application

form specified in the Second Schedule and shall furnish in writing, together with

the application or, within one month of filing the application, full particulars of

the disclosure.

(2) Where the disclosure was made at an exhibition, the applicant shall also file a

duly authenticated certificate issued by the authority or person responsible for the

exhibition.

(3) A certificate under paragraph (2) shall contain particulars of the exhibition

together with a statement to the effect that the invention was in fact exhibited

there.

20. (1) A declaration claiming priority under section 16 of the Act 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 reference number of the earlier application;

allocated to the earlier application;

(d) the country in which the earlier application was filed or, where the earlier

application is a regional or an international application, the country or

countries for which it was filed; and

(e) where the earlier application is a regional or an international

application, the national industrial property office of the country

with which it was filed.

(2) Where at the time of filing the priority declaration the reference number of the

earlier application is unknown, the reference number shall be furnished not later

than 16 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

priority declaration, the applicant shall state this fact in the declaration and he

shall communicate such symbol as soon as it is allocated.

(4) The applicant may, at any time before the grant of the patent, amend the contents

of the priority declaration.

(5) (a) Subject to paragraph (b), where an earlier application is referred to in a

priority application, the applicant shall furnish a certified copy of the

earlier application within 3 months from the written request by the

Controller.

(b) Where a copy of the earlier application has already been furnished in

relation to another application, the applicant shall inform the Controller

in writing by giving the reference number of the other application.

applicant shall, within 6 months from the date of the request, furnish an

English translation of the earlier application.

(d) Unless the Controller otherwise requests, the certified copy of the earlier

application and any translation thereof shall be filed in one copy.

21. (1) Subject to paragraph (2), a request by the Controller to furnish information under

section 17 of the Act shall be complied with by the applicant within a period of 3

months of the request.

(2) The Controller may, on good cause shown by the applicant, extend the specified

period of 3 months for such other period of time as the Controller thinks fit.

22. (1) An application shall be withdrawn by a declaration made in the form specified in

the Third Schedule.

(2) An application under paragraph (1) shall be subject to the payment of the

appropriate fee specified in the First Schedule.

23. Any amendment pursuant to section 15(2) of the Act shall be made in the form specified

in the Fourth Schedule, together with the payment of the appropriate fee specified in the

First Schedule.

24. (1) The Controller shall, on receipt of an application for a patent, mark on each

document making up the application, the actual date of receipt and the

application number as per the following format "MU/P/X/Y", where "X" is the

last 2 numbers of the year in which the initial documents were received and "Y"

is a five-digit number allotted in the sequential order in which applications for

registration are received.

(2) Where any correction or other documents to be filed are received on different

dates, the Controller shall mark their actual date of receipt in the appropriate

place of the application for a patent.

(3) The application number allotted under paragraph (1) shall be quoted in all

subsequent correspondence concerning the application.

25. (1) The Controller shall examine whether the application complies with section 18 of

the Act.

(2) Where the Controller considers that section 18 of the Act has not been complied

with, or that the applicant has failed to include the required drawings, the

Controller shall request the applicant to make the necessary corrections or to

furnish the missing documents, as appropriate.

(3) A request under paragraph (2) shall -

(a) (a) be in the form specified in the Fifth Schedule;

(b) (b) specify the correction to be made or the filing of any missing

drawing;

(d) state the delay within which the corrections are to be effected or the

missing documents are to be furnished.

(4) Where no correction is made or no document is furnished within the delay

specified in paragraph (3)(d), the application shall be deemed not to have been

filed.

(5) (1) Subject to paragraph (2), the Controller shall notify the applicant, in

writing, of the filing date as soon as he is satisfied that section 18 of the

Act has been complied with.

(2) Where the Controller refuses to accord a filing date to an application, he

shall notify the applicant, in writing, specifying the reasons for his

decision.

26. (1) Where a filing date to an application has been given by the Controller, he shall

examine the application pursuant to section 19 of the Act.

(2) Where the Controller is satisfied that the conditions set down in section 19(1) of

the Act have been complied with, he shall grant the patent and the applicant shall

be so notified in writing.

(3) Where 2 or more applications for a patent for the same invention, having the

same filing date or, where applicable, the same priority date, are filed by the

same applicant, the Controller may refuse to grant a patent in respect of more

than one applications.

(4) Where the Controller refuses to grant a patent in respect of more than one

applications under paragraph (3), he shall notify the applicant in writing,

specifying the reasons for the decision.

(5) Where the Controller rejects an application under section 20(2) of the Act, he

shall notify the applicant in writing, specifying the reasons for his decision.

(6) A refusal of an application for a patent shall not affect its filing date which shall

remain valid.

27. (1) (a) Where the Controller has granted a patent, he shall allocate to it a

number in the sequential order of grant, which shall be referred to as the

publication number of the patent.

(b) The particulars of a patent shall be recorded in the form specified

in the Sixth Schedule and shall contain, in addition to the

information indicated in paragraph (2), 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.

publishes a reference to the grant.

(2) The publication of the reference to the grant of the patent shall include -

(a) the publication number of the patent;

(b) the name and address of the owner of the

be named in the patent;

(d) the name and address of the approved agent, if any;

(e) the filing date;

(f) where 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) (g) the effective date of the grant of the patent;

(h) (h) the title of invention;

(i) (i) the abstract;

(j) the most illustrative of the drawings, if any; and

(k) the symbol of the International Patent Classification.

(3) The certificate granting the patent shall be issued in the form specified in the

Seventh Schedule.

(4) A certificate granted under paragraph (3) shall contain -

(a) the number of the patent;

(b) the name and address of the owner of the patent;

(d) the effective date of the grant of the patent; and

(e) the title of invention.

(5) Any person may obtain a copy of the patent on payment of the appropriate fee

specified in the First Schedule.

28. (1) Any request for a change in the texts or drawings of a patent shall be made in the

form specified in the Eighth Schedule.

(2) The Controller shall effect the changes in the text or drawings of the patent, on

receipt of a request under paragraph (1).

(3) A request under paragraph (1) shall be accompanied by the appropriate fee

specified in the First Schedule.

29. (1) The Competent authority shall, before taking a decision under section 23 of the

Act, consult the Controller and give the owner of the patent and any other

interested persons whose participation the Competent authority considers

necessary, not less than 21 days written notice to make such written

representations as they think fit.

(2) The Competent authority may grant a hearing to the owner of the patent and any

interested person, where it is of the view that such a course of action will

facilitate its decision.

(3) Where the Competent authority decides that the invention shall be exploited by a

Government agency or a third person, it shall state the terms and conditions of

exploitation and transmit its decision to the Controller.

(4) The Controller shall record, publish and notify in writing the owner of the patent

and any interested person of the decision of the Competent authority.

(5) Where the decision of the Competent authority has been reviewed by the

Supreme Court, the decision of the Court shall be recorded and published by the

Controller.

30. (1) Subject to payment of the appropriate fee specified in the First Schedule, a

request for a licence made under section 24(1) of the Act shall specify -

(a) the grounds and the evidence upon which the request is based;

(b) the name of the person and address against whom the request is made;

and

(2) The Controller shall, on receipt of the request -

(a) immediately notify the owner of the patent and the person against whom

the request is directed; and

(b) ask the owner of the patent and the person against whom the

request is directed, for their views which shall reach the Controller

within 21 days of the date of the notification.

(3) The Controller shall hold a hearing within a period of 3 months of the expiry of

the 21 days referred to in paragraph (2)(b).

(4) The owner of the patent and the person against whom the request is directed, or

any interested parties shall comply with such directives as may be issued by the

Controller as regards the conduct of the hearing.

(5) The Controller may, before granting a non-voluntary licence, consult such person

or authority as he thinks fit.

(6) Where the Controller grants a non-voluntary licence, he shall state the terms of

exploitation and transmit the decision to grant such licence to the interested

parties.

(7) A decision under paragraph (6) shall be recorded and published by the

Controller.

(8) Where the decision of the Controller to grant a licence under paragraph (6) is

subject to an appeal, he shall record and publish the decision once it becomes

final.

31. (1) The Controller shall maintain a patent application and a patent on payment of the

appropriate annual maintenance fee specified in the First Schedule.

(2) The Controller shall, on payment of the fee, furnish or send to the applicant or to

the owner of the patent, a receipt acknowledging payment.

(3) The annual maintenance fee shall be paid not less than 2 weeks before the expiry

of the yearly period.

(4) Where the annual maintenance fee has not been paid within the period specified

in paragraph (3), the application for the registration of the patent shall be deemed

to have been withdrawn and the patent shall lapse.

(5) The Controller shall record and publish a notification of the lapse of a patent.

32. On being notified of the final decision of the Tribunal under section 25(4) of the Act, the

Controller shall, within one month of the notification, cause a reference to the decision to

be published.

PART II - INDUSTRIAL DESIGNS

33. The Controller shall apply the latest version of the Locarno Agreement of 1968,

establishing an International Classification for Industrial Designs, for the registration and

publication of industrial designs.

34. (1) The application for the registration of an industrial design shall be -

(a) made in the form specified in the Ninth Schedule;

(b) accompanied by the appropriate fee specified in the First Schedule; and

application.

(2) Regulation 19 shall apply mutatis mutandis to an application for registration of

an industrial design

35. (1) An application for the registration of an industrial design filed with the Controller

shall

(a) contain 4 copies of the necessary drawings, photographs or graphic

representations of each of the different sides of the design

(b) contain an indication of the article which constitute the industrial design

or in relation to which the industrial design is to be used; and

20 centimetres by 20 centimetres in size

(2) (a) No graphic representation, drawing or tracing of the industrial design

shall exceed 10 centimetres by 20 centimetres.

(b) The representations, drawings or tracings, shall be affixed on 4 sheets of

cardboard of A4 size.

(d) (d) The drawings and tracings shall be in black ink.

36. (1) A declaration claiming priority under section 30(3) of the Act, shall be made at

the time of the filing of the application for the registration of the industrial

design.

(2) A declaration under paragraph (1) shall indicate -

(a) the date of filing of the earlier application;

(b) the reference number of the earlier application; and

application is a regional or an international application, the industrial

property office with which it was filed.

(3) Where at the time of the filing of the declaration, the reference number of the

earlier application is not known, the number shall be furnished within 2 months

from the date on which the application was filed.

(4) The applicant may, at any time before the registration of the industrial

design, amend the contents of the declaration made under paragraph (1).

(5) Where the applicant has made a declaration under paragraph (1), he shall furnish

a certified copy of the earlier application within a period of 3 months from the

date of such a request by the Controller, and where a copy has already been

furnished for another application, the applicant may so inform the Controller by

making a reference to that other application.

(6) Where the earlier application is in a language other than English, the applicant

shall, within 6 months from the date of the request, furnish an English translation

of the earlier application.

37. (1) The Controller shall, on receipt of an application for the registration of an

industrial design, mark on each document making up the application, the actual

date of receipt and the application number in the following format, "MU/D/XN",

where "X" is the last 2 numbers of the year in which the initial documents were

received, and "Y" is a five-digit number allotted in the sequential order in which

applications are received.

(2) Where any correction to be made or other documents to be filed are

received on different dates, the Controller shall mark their actual date of

receipt in the appropriate place on the application for the registration of an

industrial design.

(3) The application number allotted under paragraph (1) shall be quoted in all

subsequent correspondence in respect of the application.

38. A withdrawal of an application for the registration of an industrial design shall be made

to the Controller in the form specified in the Tenth Schedule, and shall be signed by all

applicants.

39. (1) Where the requirements in section 30(1) of the Act have not been complied with,

the Controller shall request the applicant to submit the appropriate corrections.

(2) (2) A request under paragraph (1) shall specify-

(a) (a) the corrections to be made;

(b) (b) any fees to be paid; and

(3) Where the applicant fails to comply with paragraph (2)(c), the application shall

be deemed not to have been filed.

(4) Where any correction submitted by the applicant pursuant to paragraph (2) does

not comply with section 30(1) of the Act, the Controller shall refuse the

application and he shall notify the applicant, in writing, stating the reasons for his

refusal.

(5) The refusal of an application for the registration of an industrial design shall not

affect its filing date which shall remain valid.

(6) The Controller shall notify the applicant in writing of the filing date where he is

satisfied that section 31(1) of the Act has been complied with.

(7) (7) The Controller shall

(a) (a) notify the applicant, in writing, of his decision to grant or to

refuse an application for the registration of an industrial design; and

(b) where the application has been granted, request the applicant to pay the

registration fee specified in the First Schedule, within one month from

the date of the request.

(8) Where the applicant fails to pay the registration fee within the specified period of

one month, the application shall be deemed not to have been granted and no

certificate of registration shall be issued.

40. (1) The Controller shall allot to each industrial design he registers a number in the

sequential order of registration and he shall publish a reference to the

registration.

(2) The reference shall include a representation of the industrial design and shall

specify the -

(a) (a) number of the industrial design;

(b) (b) name and address of the registered owner;

(d) (d) name and address of the creator, except where he has asked not

to be named in the registration;

(e) priority date and State or States in which or for which the earlier

application was filed, where the priority has been claimed and the claim

has been accepted; and

(f) type of products for which the industrial design is to be used. .

(3) The certificate of registration of an industrial design shall be issued in the form

specified in the Eleventh Schedule and shall be subject to payment of the

appropriate fee specified in the First Schedule.

41. (1) An application for renewal of the registration of an industrial design shall be

made within the 6 months period preceding the expiry of the registration in the

form specified in the Twelfth Schedule.

(2) An application under paragraph (1) shall be-

(a) signed by the registered owner or his agent; and

(b) accompanied by the renewal fee specified in the First Schedule.

(3) The Controller may allow a further period of 3 months, as from the date of expiry

of the registration for the renewal of the industrial design, subject to the payment

of the surcharge specified in the First Schedule.

(4) Where a registered owner fails to pay the renewal fee and the surcharge, where

applicable, the registration of the industrial design shall not be renewed and the

registration shall be removed from the register as from the last expiry date of the

registration.

(5) The renewal of the registration of an industrial design shall be recorded in the

registers and shall be published.

(6) The Controller shall issue to the registered owner a certificate of renewal in the

form specified in the Thirteenth Schedule and the certificate shall contain the -

(a) registration number of the industrial design;

(b) date of renewal and the date of expiry of the registration;

(d) kind of products for which the industrial design has been registered.

PART III-MARKS

42. 42. The Controller shall, for all purposes relating to the registration and publication

of marks, apply the Nice Agreement of 1957 as subsequently revised, establishing the

International Classification of Goods and Services for the purposes of the Registration of

Marks.

43. (1) An application for the registration of a mark shall be made in the form specified

in the Fourteenth Schedule and shall be accompanied by the appropriate fee

specified in the First Schedule.

(2) An application may be made for the registration of a mark in respect of -

(a) goods;

(b) services; or

in one or more classes of the International Classification.

44. (1) The reproduction of the mark shall be made in the space provided in the form

referred in regulation 43(1).

(2) Each application for the registration of a mark shall be accompanied by 3

additional reproductions of the mark.

(3) The reproduction of the mark on the application form and the additional

reproductions shall be identical.

(4) The additional reproductions shall in all cases be noted with all such particulars

as may be required by the Controller and such particulars shall, if required, be

signed by the applicant or his authorised agent.

(5) Where the Controller considers that any reproduction of a mark is unsuitable for

the purposes of the registration of the mark, he may, at any time, require a

suitable reproduction to be submitted.

(6) Where a drawing or a reproduction cannot be given in the manner provided for in

this regulation, a specimen or copy of the mark may be sent either in full size or

on a reduced scale or in such form as the Controller may approve.

45. Where a mark consists of or contains a word or words in characters other than Roman,

the application and the additional reproductions of the mark shall be accompanied by a

transliteration and translation of each of such words, and stating the language to which

each word belongs, unless the Controller otherwise directs.

46. (1) A declaration claiming priority under section 37(3) of the Act shall be made at

the time of the filing of the application for the registration of a mark and the

declaration shall specify -

(a) (a) the date of filing of the earlier application;

(b) (b) the number of the earlier application; and

application is a regional or an international application, the industrial

property office with which it was filed and the country or countries for

which it was filed.

(2) Where a declaration has been made under paragraph (1), the Controller may

request the applicant to furnish a certified copy of the earlier application within a

period of 3 months of the date of the request.

(3) (a) Where at the time of filing the declaration referred to in paragraph (1),

the number of any earlier application is not known, the number shall be

furnished within 3 months from the date on which the application

containing the declaration was filed.

(b) The Controller may, on a request by the applicant and on good cause

shown by the applicant, extend the time limit of 3 months specified in

paragraph (3)(a).

(4) Where the priorities of 2 or more earlier applications are claimed under

paragraph (1), the particulars relating to the earlier applications may be included

in a single declaration.

(5) An applicant may, at any time before the registration of the mark, amend the

contents of the declaration.

47. (1) Subject to paragraph (2), an application for the registration of a mark may be

withdrawn at any time before its registration.

(2) An application under paragraph (1) shall be-

(a) made in the form specified in the Fifteenth Schedule; and

(b) subject to the payment of the appropriate fee specified in the First

Schedule.

48. (1) The Controller shall, on receipt of an application under regulation 43, mark on

each document making up the application the actual date of receipt and the

application number in the following format, "MU/M/X/Y", where "X" is the last

2 numbers of the year in which the initial documents were received and "Y" is a

five-digit number allotted in the sequential order in which applications are

received.

(2) Where any correction or other document to be filed, are received on different

dates, the Controller shall mark their actual date of receipt in the appropriate

place of the request for the registration of a mark.

(3) The application number allotted under paragraph (1) shall be quoted in all

subsequent correspondence in respect of the application.

(4) The filing date of an application for the registration of a mark shall be the date on

which all the following information is received -

(a) the name of the applicant;

(b) the address to which communications are to be directed;

(d) a specification of goods or services; and

(e) the application fee as specified in the First Schedule.

(5) No application made under regulation 43 shall be processed, unless accompanied

by the application fee.

(6) The Controller shall notify the applicant in writing of the filing date.

49 (1) Where on examination of the application for registration of a mark, the

Controller considers that the application is incomplete or defective in a material

particular, he shall request the applicant in writing, to make such corrections as

he thinks fit and within a period which shall not exceed 3 months.

(2) Where the applicant fails to submit the necessary correction in writing, within the

specified period mentioned in paragraph (1), the application shall be deemed to

have been withdrawn.

50. The Controller may refuse an application if the corrections requested under regulation 49

are not to his satisfaction and the applicant shall be informed accordingly.

51. Where the Controller is satisfied that an application under regulation 43 complies with

section 38(1) of the Act and accepts the application or accepts it subject to any conditions

or limitations to which the applicant does not object, the Controller shall publish the

application setting out -

(a) the filing date and, where applicable, the priority date;

(b) the representation of the mark;

(i) goods;

(ii) services; or

(iii) goods and services;

as appropriate, of the International Classification;

(d) the name and address of the applicant; and

(e) the name and address of the approved agent, if any.

52. (1) Any person may within a period of 3 months from the date of publication of an

application for the registration of a mark lodge an opposition to its registration

with the Controller by way of notice.

(2) A notice under paragraph (1) shall-

(a) state the grounds of opposition; and

(b) be accompanied by such evidence in support of the opposition, where

appropriate.

(3) (a) On receipt of a notice of opposition, the Controller shall, as soon as

possible, send the applicant a copy of the notice together with such

evidence in support as has been provided by the person opposing the

application.

(b) The applicant shall have 3 months from the date of receipt of the notice

to serve a counter-statement to the Controller and the opposing party.

(4) The counter-statement shall state the grounds on which the applicant relies for his

application and shall be accompanied by such supporting evidence as

appropriate.

(5) The Controller may, on receipt of the counter- statement, and where he considers

that a hearing is required, fix a date for the hearing which shall not be later than 3

months after the receipt of the counter-statement.

(6) A party represented at the hearing shall comply with such directions as may be

given by the Controller.

53. (1) Where section 38 of the Act has been complied with by the applicant, and either -

(a) the registration of the mark has not been opposed; or

(b) where the registration of the mark has been opposed, and the opposition

has been decided in the favour of the applicant, the Controller shall

applicant a certificate of registration in the form specified in the

Sixteenth Schedule.

(2) The registration of each mark shall be allotted a number in the sequential order of

registration.

(3) (3) The registration of a mark shall include –

(a) (a) a representation of the mark;

(b) (b) the number of the mark;

(d) (d) the name and address of the approved agent, if

(e) the filing and registration date;

(f) the country or countries in which or for which the earlier application was

filed, where priority has been claimed and the claim has been accepted;

and

(g) the list of goods or services in respect of which the registration of the

mark had been made with an indication of the corresponding class or

classes of the International Classification.

(4) The publication of the reference to the registration of a mark under paragraph (1)

shall contain the particulars specified in paragraph (3) (a) to (f) and an indication

of the corresponding class or classes of goods or services of the International

Classification.

54. (1) An application for renewal of the registration of a mark shall be made during the

period of 6 months preceding the expiry of the registration in the form specified

in the Seventeenth Schedule.

(2) An application under paragraph (1) shall be-

(a) signed by the registered owner or agent; and

(b) accompanied by the renewal fee specified in the First Schedule.

(3) The Controller may allow a further period of 3 months, as from the date of expiry

of the mark, for the renewal of the registration of a mark, subject to the payment

of a surcharge fee specified in the First Schedule.

(4) Subject to paragraph (5), where a registered owner fails to pay the renewal fee

and the surcharge fee, where applicable, the registration of the mark shall not be

renewed and the registration of the mark shall be removed from the Register as

from the last expiry date of the registration of the mark.

(5) Where a mark has been removed from the register for non-payment of the

renewal fee, it shall, for the purpose of an application for the registration of a

mark, within one year from the date of expiration of the last registration, be

deemed to be a mark which is already on the register, unless the Controller is

satisfied that -

(a) there has been no bona fide use of the mark which has been

removed, during 3 years immediately preceding its removal; or

(b) no deception or confusion is likely to arise from the use of the

mark which is the subject matter of the application for registration,

by reason of any previous use of the mark which has been

removed.

(6) The renewal of the registration of a mark shall be recorded in the register and

shall be published by the Controller.

(7) Where the Controller renews the registration of a mark, he shall issue to the

registered owner a certificate of

renewal in the form specified in the Eighteenth Schedule.

55. (1) Regulations 42 to 54 shall apply mutatis mutandis to collective marks with such

modifications as appropriate and subject to the following -

(a) an application for registration of a collective mark shall not be accepted

unless the mark is designated as a collective mark and the application is

accompanied by a copy of the regulations governing the use of the mark,

duly certified by the applicant;

(b) the regulations governing the use of the collective mark defining the

common characteristics or quality of the goods or services which the

collective mark designate, the conditions under which it may be used and

the persons who may use it, shall be provided with the application; and

of the mark in compliance with those regulations and determining

sanctions for any use contrary to the said regulations, shall be provided

with the application.

(2) (a) The registered owner of a collective mark shall forthwith notify the

Controller, in writing, of changes effected in the regulations governing

the use of the mark

(b) All notifications under paragraph (a) shall be recorded in the register, and

changes to the regulations shall have no effect until they are recorded.

(3) The registered owner of a collective mark may use the mark himself, provided it

is also used by other -authorised persons in accordance with the regulations

governing such use and the use by such persons shall be deemed to be used by

the registered owner.

56. Subject to an appeal under section 50 of the Act, where the Tribunal decides that the

mark shall be taken off the register in respect of any of the goods or services for which it

is registered, the Controller shall, to that extent, remove the mark from the register.

57. (1) A request under section 43 of the Act to remove a mark on grounds of non-use

shall be accompanied by a

statement setting out fully the facts on which the request is made.

(2) The removal of a mark from the register on the grounds of non-use shall be

published by the Controller.

PART IV-MISCELLANEOUS

58. Any correspondence or notice required to be effected or served on the applicant by the

Controller shall be deemed to have been properly effected or served, if the

correspondence or notice has been posted by registered mail to -

(a) the address in Mauritius as disclosed in the application forms; or

(b) the address of the authorised agent or legal practitioner representing the

applicant.

59. (1) An application under section 47 of the Act shall be accompanied by such

document and evidence as may be appropriate.

(2) The Controller may, on receipt of an application under paragraph (1), request the

applicant to furnish such additional information as may be required.

(3) A publication under section 47(2) of the Act shall specify -

(a) the title of protection concerned;

(b) the filing date, the priority date, if any, and the date of registration or

grant;

(d) the nature of the change.

60. Where the last day for doing any act or taking any proceeding falls on a day when the

Industrial Property 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 Office is next open for business.

61. (1) Consultation of the registers shall be subject to the payment of the appropriate

fee specified in the First Schedule.

(2) Requests for certified copies of extracts from a register or for copies of

documents shall be made in writing to the Controller, and shall be subject to the

payment of the appropriate fee specified in the First Schedule.

62. (1) Where the Controller has effected a correction, under section 7 of the Act, to a

translation or transcription or has corrected a clerical error or mistake, in any

application or document filed, he shall communicate such corrections to such

interested parties as he may deem necessary.

(2) The Controller may at his discretion also publish the corrections.

63. (1) Any notice, application or other document sent to the Controller by mail shall be

deemed to have been given, made or filed at the time when it would be delivered

in the course of the mail.

(2) 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.

(3) Paragraph (1) shall not apply to the accordance of the filing date.

64. Particulars of patents, industrial designs, marks, collective marks, proceedings and any

other information required to be published under the Act or these regulations shall be

published, in accordance with the directions of the Controller, in the Gazette.

65. The following enactments are revoked -

(a) the Patents (Fees) Regulations 1980;

(b) the Patent (Inspection Fees) Regulation 1983; and

66. These regulations shall be deemed to have come into operation on 6 January 2003.

Made by the Minister on 30 March 2004.

FIRST SCHEDULE

(regulation 3)

FEES

THE PATENTS, INDUSTRIAL DESIGNS AND TRADEMARKS ACT 2002

Regulation PATENTS

Fees

10(4) Application for grant of patent 3,000

22(2) Withdrawal of application NIL

23 Amendment of application NIL

25 Correction of errors NIL

27(5) Making copies of patent 100/Page

28(3) Request for change in patent 2,000

30(1) Request for the issuance of non-voluntary licence 25,000

31(1) Annual Maintenance Fee

1 st

Anniversary NIL

“ 2 nd

Anniversary NIL

“ 3 rd

Anniversary 1,000

“ 4 th

Anniversary 1,000

“ 5 th

Anniversary 5,000

“ 6 th

Anniversary 5,000

“ 7 th

Anniversary 5,000

“ 8 th

Anniversary 5,000

“ 9 th

Anniversary 5,000

“ 10 th

Anniversary 15,000

“ 11 th

Anniversary 15,000

“ 12 th

Anniversary 15,000

“ 13 th

Anniversary 15,000

“ 14 th

Anniversary 15,000

“ 15 th

Anniversary 25,000

“ 16 th

Anniversary 25,000

“ 17 th

Anniversary 25,000

“ 18 th

Anniversary 25,000

“ 19 th

Anniversary 25,000

Regulation INDUSTRIAL DESIGNS

Fees

34(1) Application for registration of industrial designs 2,000

38 Withdrawal of application NIL

40(3) Registration of Industrial designs 4,000

41(1) First renewal fee 4,000

41(1) Second renewal fee 5,000

41(3) Surcharge 1,500

Regulation MARKS

Fees

43(1) Application for registration:

(a) (a) any two classes

(b) (b) each additional class

2,000

1,000

47(2) Withdrawal of application NIL

54(2) Renewal fee for the registration of marks:

(a) (a) any class

(b) (b) each additional class

2,000

1,000

54(3) Surcharge for late payment of Renewal fee 700

61(1) Consultation of registers 200

61(2) Making copies of documents 100/page

SECOND SCHEDULE

(regulation 10)

THE INDUSTRIAL PROPERTY OFFICE

REPUBLIC OF MAURITIUS

THE PATENTS, INDUSTRIAL DESIGNS AND TRADEMARKS ACT 2002

APPLICATION FOR GRANT OF A PATENT

To: The Controller

Industrial Property Office

Ministry of Foreign Affairs, International Trade & Cooperation

Port Louis

______________________________________________________________________________

_____________________

Please submit this Form (in triplicate) together with the appropriate fee.

Applicant's or Agent's File reference:…………………………………….

______________________________________________________________________________

_____________________

THE APPLICANT(S) REQUEST(S) THE GRANT OF A PATENT IN RESPECT OF THE

FOLLOWING PARTICULARS:

1. Title of invention

………………………………………………………………………………………………

…………………………………….

………………………………………………………………………………………………

…………………………………….

______________________________________________________________________________

___________________

2. DATA CONCERNING APPLICANT/S

FULL NAME OF EACH

APPLICANT

(underline surnames)

ADDRESS/

TELEPHONE/

FAX/E-MAIL

NATIONALITY RESIDENCE

If the applicant is a corporate body, give the country/state of its incorporation:

………………………………………………………………………………………………………

…………………………………………………………………………………….

3. ADDITIONAL INFORMATION

Additional Information is contained in Supplemental Box* (at annex).

Yes

______________________________________________________________________________

_____________________

4. INVENTOR

(a) Applicant is the inventor

Yes No

(b) If the applicant is not the inventor:

Name of

inventor:……………………………………………………………………………

…………………….. Address of

inventor:……………………………………………………………………………

…………………………… A statement justifying the applicant's right to the

patent is enclosed.

Yes No

section 13(6) of the Patents, Industrial Designs and Trademarks Act

2002.

A declaration to that effect is enclosed OR will be filed

by………………………………. (date)

______________________________________________________________________________

_____________________5. AGENT (if you have one)

Name of agent

………………………………………………………………………………………………………

………… “Address for service" in Mauritius to which all correspondence should be sent

………………………………………………………………………………………………

……………………………………………………………………………………

Name and telephone number of person to contact in Mauritius

………………………………………………………………………………………………

…………………………………………

______________________________________________________________________________

_____________________

6. PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows:

Country (if the earlier application is a regional or international application, indicate the

office with which it is filed)

………………………………………………………………………………………………

…………………………………………Filing date:…………………………….

Application Number:…………………………

The priority of more than one earlier application is claimed: Yes No

The data are indicated in the supplemental box* (at annex)

The certified copy of the earlier application is enclosed: Yes No

If No, it will be furnished by……………………………………………………. (date)

______________________________________________________________________________

_____________________

7. DIVISIONAL APPLICATION

Filing date…………………………. Priority

date …………………………………

The benefit 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:…………………………………………………………………………………

……………..

______________________________________________________________________________

_____________________

8. DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES:

(a) Disclosure was due to acts of applicant or his predecessor in title

Date of disclosure: …………………………………………………

(b) Disclosure was due to abuse or rights of applicant or his predecessor in title

Date of disclosure:………………………………………………….

A statement specifying full particulars of the disclosure accompanies this Form

Yes

If No, the statement should be filed within one month from the filing of the application.

______________________________________________________________________________

_____________________

9. 9. Enter the number of sheets for any of the following items you are filing with this

form. Do not count copies of the same document

Continuation sheets of this form:-

Description

Claim(s)

Abstract

Drawing(s)

10. 10. If you are filing any of the following, state 'how many against each item.

Priority documents

Translations of priority documents

Statement of inventorship and right to grant a patent

Result of search and examination

Any other documents (please specify)

………………………………………………….

…………………………………………………

11. 11. ………………………………….

Signature:…………………………………..

(Date) (**Applicant/Agent)

_____

*Use this box for any additional information to be furnished

**Delete whichever is not applicable.

Annex

SUPPLEMENTAL BOX

THIRD SCHEDULE

(Regulation 22)

THE INDUSTRIAL PROPERTY OFFICE

REPUBLIC OF MAURITIUS

THE PATENTS, INDUSTRIAL DESIGNS AND TRADEMARKS ACT 2002

DECLARATION OF WITHDRAWAL OF APPLICATION

To: The Controller

Industrial Property Office

Ministry of Foreign Affairs, International Trade & Cooperation

Port Louis

______________________________________________________________________________

_____________________Please submit this Form (in duplicate)

Applicant's or Agent's file reference:…………………………………………………………

______________________________________________________________________________

_____________________1. Patent Application No:………………………….

Filing Date:…………………………………..

Patents, Industrial Designs and Trademark Regulations 2004, Mauritius

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