Scope of Protection

Article 34

The description of the invention shall disclose the invention in a way that is sufficiently clear and complete to enable a person skilled in the art to carry it out. In particular, the description of the invention shall:
(a) specify the technical field to which the invention relates;
(b) indicate the background art which, as far as known to the applicant, can be regarded as useful for understanding the invention and the searching and examination of the invention in the event of a dispute, and, preferably, cite the documents reflecting such art.

If the invention claimed has been developed or obtained directly from genetic or biological resources obtained from a particular source, or from the use of traditional knowledge obtained from a particular community, the description shall indicate the source of these resources or knowledge, as well as the way in which they have been obtained.

Content of Disclosure

Article 34

The description of the invention shall disclose the invention in a way that is sufficiently clear and complete to enable a person skilled in the art to carry it out. In particular, the description of the invention shall:

(f)  indicate explicitly, when it is not obvious from the description or nature of the invention, the way in which the invention is industrially applicable;

If an invention involves the use of or concerns biological material which is not available to the public and which cannot be described in the patent application in such a manner as to enable the invention to be carried out by a person skilled in the art, the invention shall only be regarded as being sufficiently disclosed if:

((a) a sample of the biological material has been deposited with a recognized depositary institution not later than the date of filing of the application;

((b) the application as filed gives such relevant information as is available to the applicant on the characteristics of the biological material;

((c) the name and address of the depositary institution, the filing date and the accession number of the deposited biological material are stated in the application, and

((d) the applicant provides the deposit certificate for the biological material.

Where the biological material has been deposited by a person other than the applicant, the name and address of the depositor shall be stated in the application and a document is submitted satisfying the Djibouti Office that the depositor has authorized the applicant to refer to the deposited biological material in the application and has given his unreserved and irrevocable consent to the deposited material being made available to the public.