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INVENTIONS. Fees Forms MINOR INVENTIONS AND INDUSTRIAL DESIGNS REGULATION CHAPTER 1 GENERAL These regulations are issued by the Council of Ministers based on Article 53( I) of the Proclamation Concering Inventions, Minor Inventions & Industrial Designs, Proclamation No. 12311995 1. Short Title These Regulations may be cited as "Inventions,Minor Inventions and Industrial Designs Regulation No. 119_." 2. Defnitions In the Regulations, unless the context otherwise requires: 1. "Commission" shall mean the Ethiopian Science ami Tedlllology Commission. 2. "Examiner" shall mean a person designated by the Commission to examine an application for a patent, utilit y model certificate or certificate of registration of an industrial design. 3. "Patentee" shall mean the owner of a patent or a patent of introduction. 4. "Proclamation" shall mean the "Proclamation Concering Invelllinns, Minor Inventions and Industrial Designs, proclamation Nu. 12311995. " 5. "Regulations" shall mean these regulations. 3. The fees to be paid in accordance with Article 53(2) of the proclamation shall be based on schedule I (schedule of fees) annexed to these regulations. 4. 1) The forms referred to in these regulations are those set out in schedule II (schedule of forms) annexed to and forming part of these regulations. 2) Copies of the printed forms shall be furished free of charge by lhe Commissiun.

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Page 1: INVENTIONS. MINOR INVENTIONS AND INDUSTRIAL DESIGNS …admin.theiguides.org/Media/Documents/Inventions, Minor Inventions … · Proclamation Concening Inventions, Minor Inventions

INVENTIONS.

Fees

Forms

MINOR INVENTIONS AND

INDUSTRIAL DESIGNS REGULATION

CHAPTER 1 GENERAL

These regulations are issued by the Council of Ministers based on Article 53( I) of the Proclamation Concerning Inventions, Minor Inventions & Industrial Designs, Proclamation No. 12311995

1. Short Title

These Regulations may be cited as "Inventions,Minor Inventions and Industrial Designs Regulation No. 119_."

2. Definitions

In the Regulations, unless the context otherwise requires:

1. "Commission" shall mean the Ethiopian Science ami Tedlllology Commission.

2. "Examiner" shall mean a person designated by the Commission to examine an application for a patent, utility model certificate or certificate of registration of an industrial design.

3. "Patentee" shall mean the owner of a patent or a patent of introduction.

4. "Proclamation" shall mean the "Proclamation Concerning Invelllinns, Minor Inventions and Industrial Designs, proclamation Nu. 12311995. "

5. "Regulations" shall mean these regulations.

3.

The fees to be paid in accordance with Article 53(2) of the proclamation shall be based on schedule I (schedule of fees) annexed to these regulations.

4.

1) The forms referred to in these regulations are those set out in schedule II (schedule of forms) annexed to and forming part of these regulations.

2) Copies of the printed forms shall be furnished free of charge by lhe Commissiun.

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Language

Name. Address. Nationality

7. Signature by Partnerships, Companies and Associations

Rel)resentation

2

2.

5. of Documents and Translations

1. Any Application shall be submitted In the English or Amharic language.

Any document forming part of an application or submitted to the Commission pursuant to the Proclamation or these Regulations and which is in a Language other than English or Amharic shall be accompanied by a translation into English or Amharic.

6 . Indication of and Residence

1. Names of natural persons except Ethiopians shall be indicated by the person's family name and given name(s), the family name being indicated before the given name(s), the names of legal entities shall be indicated by their full official designations.

2. Any address shall indicate the full address of the applicant in particular post office box, telegraphic, telex & fax number.

3. Nationality shall be indicated by the name of the state of which a person is a national; legal entities shall indicate the name of the state under whose law they are constituted and full particulars of their registered head office.

4. Residence shall be indicated by the name of the state of which a person is a resident.

1) A document purpOlting to he signed for or 011 behalf of a partnership or a company or an association shall be signed by persons who are authorized to sign the document.

2) A document to be signed in accordance with sub article (1) of this article shall have the seal of the partnership; company or association.

8.

The power of attorney appointing an agent may be fi1ed together with the application or within two months from its filing date. Where the appointment is not made in accordance with article 9(7) of the proclamation and article 48 of these regulations, any procedural steps taken by the agent other than the filing of the application shall be deemed not to have been taken.

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Reguest

Description

3

a)

CHAPTER 2 PATENTS

SECTION 1 APPLICATION AND PROCEDURE FOR GRANT OF PATENTS

9. Classification of Patents

The Commission shall apply the International Patent Classification, as adopted under the Strasbourg Agreement of March 24,1971 and updated in its subsequent editions, for all purposes relating to the grant and publication of patents, as well as for the maintenance of classified search files .

10. for Grant of Patent

1. The request for the grant of a patent shall be made on Form No.l and shall be signed by each applicant .

2. The request shall indicate each applicant's name, address, nationality and residence.

3. Where the applicant is the inventor, the request shall contain a statement to that effect, and, where he is not, it shall indicate each inventor's name and address and be accompanied by a statement justifying the applicant's right to the patent.

4. If the applicant is represented by an agent,the request shall so indicate and state the agent's name and address.

5. The title of the invention shall be short, preferably from two to seven words, and precise.

11. .

1. The description shall first state the title of the invention as appearing in the request and shall:-

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 the understanding, searching and examination of the invention, and preferably cite documents reflecting such art;

c) specify the task which the invention is designed to fulfil;

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e)

2.

d) disclose the invention in a manner sufficiently clear and complete so as to enable a person having ordinary skill in the art to carry it out, and state its advantageous effects, if any, with reference to the background art;

state the merits or effective results of the invention as compared with the prior art;

briefly describe the figures in the drawings,if any; t)

g) set forth at least one mode contemplated by the applicant for carrying out the invention; this shall be done in temlS of examples, where appropriate, and with reference to the drawings, if any;

h) 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 in which it can be made and used, or, if it can only be used, the way in which it can be used.

2. The manner and order specified in sub-article (1) of this article shall be followed except when, because of the nature of the invention, a different manner or a different order would result in a better understanding and a more concise presentation.

3. The description of the invention may contain chemical or mathematical formulae but no commercial advertising.

4. The description may only contain material which will contribute to the elaboration of the invention and if a newly joined word or a professional word which has not generally been accepted must be used, it shall be explained.

12. Claims

1. The claim shall define clearly and concisely the matter for which protection is sought in terms of the technical features of the invention and shall pertain to either product or process.

The number of the claims shall be reasonable taking into account the nature of the invention; where there are several claims, they shall be numbered consecutively in arabic numerals.

3. The technical terminology used in the claims shall be consistent with that used in the description. The claims may contain chemical or mathematical formulae but not drawings.

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Drawings

5 4. Whenever appropriate a claim shall contain:

a) a statement indicating those technical features of the invention which are necessary for the definition of the latter but which, in combination, are part of the prior art,

b) a characterizing portion--preceded by the words It characterized in that," "characterized by," "wherein the improvement comprises, It or any other words to the same effect--stating concisely the technical feature which, in combination with the features stated under sub­article 4(a) of this article,is desired to be protected.

5. A claim shall not, except where absolutely necessary, rely in respect of the technical features of the invention on references to the description or drawings;in particular, it shall not rely on such references as " as described in part. . . of the description," or" as illustrated in figure ... of the drawings. "

6. Where the application contains drawings, the technical features mentioned in a claim shall preferably be followed by the reference signs relating to such features; when used, the reference signs shall preferably be placed between parentheses; if inclusion of reference signs does not particularly facilitate quicker understanding of a claim, it should not be made.

7. 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 an amended claim or as a new

claim.

8. 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 11 canceled " .

13.

1. Drawings fonning part of an application for a patent shall be on sheets, the usable surface area of which shall not exceed 26.2 cm by 17cm. The sheets shal1 not contain frames round the usable or used surface. The m inimum margins shall be as fol1ows:

top left side right side

2.5 cm2.5 cm1.5 cm

bottom 1.0 cm

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2. Drawings shall be executed as follows:

a) without colouring in durable, black, sufficiently dense and d ark , uniformly thick and well-defined l ines and strokes to permit satisfactory reproduction;

b) cross sections shall be indicated by hatching which does 110t impede the clear reading of the reference signs and leading lines;

c) the scale of the drawings and the distinctness of their graphical execution shall be such that a photographic reproduction with a linear reduction in size to two thirds would enable al 1 details to be d istinguished without d ifficulty. If, as an exception, the scale is given o n a drawing it shall be represented graphically;

d) all numbers, letters and reference signs appearing in the drawings shall be simple and clear and brackets, circles and inverted commas shall not be used in association with numbers and letters;

e) elements of the same figure shall be in proportion to each other, unless a difference in proportion is indispensable for the clarity of the figure;

f) the height of the numbers and letters shall not be less than 0.32 cm and for the lettering of drawings, the L1tin and, where c ustomary, the Greek alphabets shall be used;

g) the same sheet of drawings may contain several figures. Where figures drawn on two 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. The different figures shall be arranged without wasting space, clearly separated from one another. The different figures shall be numbered consecutively in arabic numerals, independently of the numbering of the sheets;

h) reference signs not mentioned in the description or claims shall not appear in the drawings, and vice versa .The same features, when denoted by reference signs, shall, through out the application, be denoted by the same signs;

i) the d rawings shall not contain textual matter, except, when required for the understanding of the drawings, a single word or words such as "water", "steam", "open", tlclosed 11 , "section on AA" and in the case of electric circuits and block schematic or flow sheet d iagrams, a few short catch words,

j) the sheets of the drawings shall be numbered in accord ance with Article 16(7) of these regulations.

3. Flow sheets and diagrams are considered as drawings.

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15. lVieasnres,Terminolo1!Un.d Signs

7

14. ABSTRACT

1) The abstract shall be so drafted that it can efficienl1y serve as a scanning tool for purposes of searching in the particular art thereby assisting the user in formulating an opinion 011 whether there is a need for consulling the application itself.

2) The abstract shall contain:

a) 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 drafted in a way which allows the clear understanding of the technical problem, the gist of the solution of that problem through the invention, and the principal use or uses of the invention; and

b) where applicable, the chemical formula which, among aIJ the formula contained in the application, best characterizes the invention.

3) The abstract must be as concise as the disclosure permits and shall not contain statements on the alleged merits or value of the claimed invention or in its speculative application.

Each main technical feature mentioned in the abstract and illustrated by a drawing ill the application shall be followed by a reference sign, placed between parentheses.

4)

5) The abstract shall be accompanied by the most illustrative of any drawings furnished by the applicant.

1) Units of weights and measures shall be expressed in terms of the metric system.

2) Temperature shall be expressed in degree centigrade.

3) Density shall be expressed in metric units.

4) For indiculions of heat, energy, light, sound and magnelisl11, as well as for mathematical formulae and electrical units, rules in general use shall be observed; for chemical formulae,the symbols, atomic weights and molecular formulae, in general lise, shall be employed.

5) In general, only sllch technical terms, signs and symbols shall be llsed as are generally accepted in the art.

6) The terminology and the signs shall be consistent throughout the application.

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Copies Physical Requkement

8

1)

a)

e)

16. Number of and

Subject to Article 21(7) of these regulations, the ilpplic;ation and any accompanying statements or documents shall be filed in three copies, but the Commission may require the applicant to supply additional copies.

Ail elements of the application shall be so presented as to enable direct2) reproduction by photography, electrostatic processes, photo-offset and micro filming.

3)

4)

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

All elements of the application shall he on paper which is flexible, strong, v/hite, smooth, non-shiny and durable.

5) The size of the sheets shall be A4(29.7 cm x 21 cm).

6) Subject to Article 13(1) of these regulations, the minimum margins of sheets shall be as follows:

upper margin of each page, except the first page: 20mm

b) upper margin of the first page : 30mm

c) side margin adjacent to the binding: 25mm

cl) other side margin : 20mm

bottom margin : 20mm

7) a) AU sheets shall be numbered at the top of the sheet, in the middle, in consecutive arabic numerals.

b) In effecting the sequential numbering of the sheets, the elements of the application shall be placed in the following order: the request, the description, the claims, the abstract, the drawings.

c) The sequential numbering of the sheets shall be effected by llsing three separate series of numhering, Ihe first series applying to the request ouly and commencing with the first sheet of the request, the second series commencing with the first sheet of description and continuing through the claims until the last sheet of the abstract, and the third series being applicable to the sheets of the drawings only and commencing with the first sheet of the drawings.

8) The text matter of the application shall be typed; graphic symbols, chemical or mathematical formulae and certain characters, jf necessary, may be hand­written or drawn.

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17. Unity of_lnventiOl 9

c)

1) Article 9 (2) of the pro cla mation shall be construed as permitting, in particulnr , one of the following three possibilities:

a) in a ddition to an independent claim for a given product , the inclu sio n in the same appl icatio n of an independent claim for a process specially adapted for the manufacture of the said product, and the inclus ion in the same applicatioll of an independent claim for a use of the said

produ ct ; or

b) in addition (0 an independent claim for a given process, the inclusio n in the same appl ication of an independent claim for an apparatus or means specifically designed for carrying out the said process; or

in addition to an independent claim for a given product, the inclusion in the same ap pl i cat ion of an independent claim for a process specially adapted for the manufacture of the product , and the inclusion in the same application of an independent claim for an apparatus or means specifically designed for ca rryin g out the process.

2) Subject to article 9 (2) of the proclamation, it shall be permi tted 10 include in the same application two or more independent claims of the same category which can no t readily he covered by a si ngle generic claim.

3) Subject to article 9 (2) of the proclamation, it shall be permitted to include in the same applicatio n a reaso nahle numher of dep en dent claims, cl aimi ng specific fonns of the invention claimed in an independent claim.

4) The fact that a patent has been granted 011 an ap pli cat io n that did not comply with the requirement of unity of inveIltion under article 9 (2) of the proclama tion shall not be a ground for the i nvalida tion of the patent.

1) The ap pl ic ant may, up to the time \vhen the appl i cation is in order for grant, amend the applica tion , prov i ded that the am endme nt shall not go beyond the disclosure in the initial application.

2) The a pplic ant may, up io th e time when the appli cation is in order for grant, divide the a pp li cation into two or more applications, provided that each divisional appl ication shall not go beyond tile disclosure in the initial application.

3) E,lch divisional applicaLion shall be ent i tl ed to the filing date ancl, where applicable, the priority date of the initial application.

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Diglosurf.:s Disregardei! Pnrposes

PJiority Application

10

2)

A divisional application shall contain a reference to the initial application. 4)

5) If the applicant wishes a divisional application to benefit from any priority claimed for the initial application, the divisional application mllst contain a request to that effect; in such a case, the declaration of priority and the documents furnished in accordance with article 20 of these regulations for the initial application shall be deemed to relate also to the divisional application.

6) Where the priorities of two or more earlier applications were claimed for the initial application, a divisional application may benefit only from the priority or priorities that are applicable to it.

An applicant who wishes a disclosure of the invention to be disregarded, in accordance with Article 3 (3) of the proclamation, for prior art purposes, shall so indicate on the application, and shall furnish, in writing, with the application, or within one month of filing the application, full particulars of the disclosure; where the disclosure was made at an exhibition, the applicant shall file, within the same period, a duly authenticated certificate issued by the authority responsible for the exhibition containing particulars of the exhibition and stating that the invention was in fact exhibited there.

19. to he for Prior Art

20. Declaration of & Translation of Earlier

1) The declaration referred to in Article 11 (2) of the proclamation shall indicate:

a) the date of the earlier application;

b) the number of the earlier application, slIbject to sub-article (2) of this article;

c) the symbol of the International Patent Classification which has been allocated to the earlier application, subject to sub-article (3) of this article;

d) the state in which the earlier application was filed or, where the earlier application is a regional or an international application, the states for which it was filed;

e) \\Tbere the earl ier application is a regional or an international application, the office with which it was filed,

Whtrc at the time of filing the declaration referred to in article ] 1 (2) of the proclamation the number of the earlier application is not known, that number shall be furnished within three months from the date on which the application

coHtaining the declaration was filed.

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Im1icant

11

a)

b)

Where a symbol of the International Patent Classification has not been3) allocated to the earlier application, or had not yet been allocated at the time of filing the declaration referred to in sub-article (1) of this article, the applicant shall state this fact in the said declaration and shall communicate such symbol as soon as it has been allocated.

The applicant may, at any time before the grant of the patent, amend the contents of the declaration referred to in sub-article (1) of this article.

4)

The period for furnishing the certified copy of the earlier application, referred to in article 11(2) of the proclamation, shaH be three months from the date of the request by the commission; where a copy has already been furnished for another application, the applicant may respond by making a reference to that other application.

5)

6) Where the earlier application is in a language other than English or Amharic, the applicant shaH, within six months from the date of the request made under sub--article 15 of this article furnish a translation into English or Amharic of the earlier application.

7) Unless the Commission requests other wise, the earlier application and any translation thereof shaIl be filed in one copy.

1) Documents furnished pursuant to article 10(2) of the proclamation and this article may be used, only for facilitating the evaluation of the novelty and invenLive step of the invention for which the patent application is being made.

2) The applicant from abroad may submit comments on any documents furnished by him under this article.

3) Where an application for a patent is filed by any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in Ethiopia the Commission may, when there is doubt, require the applicant to submit the following documents:

a certificate concerning the nationality of the applicant;

a certificate concerning the seat of the headquarter of the foreign enterprise or other foreign organization; and

c) a testimonial showing that the country to which the foreigner,foreign enterprise or other foreign organization belongs, recognizes that Ethiopian citizens or entities are, under the same conditions applied to its nationals, entitled to patent rights in that country.

21. An From Abroad

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Furnishing Concerning Corresponding Foreign AnpJications,

Application

24. Marking Application

According Notifying Filing

12

22. Time for Information Patents and other Titles of Protection

1) The time limits to be specified for furnishing the information requested under Article 10 of the proclamation shall not be less than two or more than six months from the date such a request is made; upon a reasoned request by the applicant, the Commission may extend such time limit.

2) If the applicant replies that the documents requested under Article 10 of the proclamation are not yet available, the Commission may suspend the procedure for the examination of application until such time as the documents are furnished.

23. Withdrawal of

1) An appJ ication shall be withdrawn by written declaration submitted to the Commission and signed by the applicant.

2) The application fee shall not be refunded if the application is withdrawn.

25. and Date

1. Upon receipt, the Commission shall mark, on each document making up the application, the actual date of receipt and the application number consisting of the letters ET, slant, the letter P,slant, the last two numbers of the year in which the initial papers were received, slant, and a five digit number allotted in the sequential order in which applications are received; where any corrections or other later filed documents are received on different dates, the Commission shall also mark their actual date of receipt in the appropriate place of the request for grant of the patent (Form No 1).

2. The application number allotted under sub-article (1) of this article shall be quoted in all subsequent communications concerning the appl ication.

1. The Commission shall examine, in order to accord a filing date, whether the application fulfils the requirements of Article 12 (1) of the proclamation.

2. The invitation to file any correction, under Article 12 (2)of the proclamation, shall be in writing, it shall specify the correction or corrections required and request that these be filed within two months from the date of the invitation, together with the payment of the prescribed fee.

3. Once the Commission accords a fil ing date, it shall notify the applicant in writing; if the application is treated as if it had not been filed, under Article 12 (2) of the proclamation, the Commission shall notify the applicant in writing specifying the reasons.

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Bein

2.

13

SECTION 2 EXAMINATION OF APPLICATION

26. Exclusion From Examiner

An examiner shall, on his own initiative or upon the request of the applicant or any other interested party, be excluded from exercising his function where, he

a) is a dose relative of the applicant or the patent agent,

h) has \n interest in the application for patent, or

c) has such other kinds of relations with the applicant or the patent agent that might inf1uence the impartial examination of the application.

27. Examination as to Form

1. In addition to the requirements of article 9 (3) and (4) (a) of the proclamation and the regulations pertaining thereto, the requirements of Articles 5, 8, 9 (7) and (8) and 10 of the proclamation'shall be ·considered formal requirements for the purpose of the proclamation.

Where the Commiss ion finds that the conditions referred to in Article 13 (1) of the proclamation and sub-Article (1) of this article are not fulfilled it shall invite the applicant, in writing, to file the required correction w ithin two months from the date or the invitation, together with the payment of the pl'escrihetl fee.

3. Where the applicant does not comply with the invitation to correct a deficiency, or where despite the corrections submitted by the applicant, the Commission is of the opinion that the condit ions referred to in suh-art icle (l )of this article are not fulfilled, it shall reject the appli cation and notify the applicant, in writing. stating the reasons.

4. Refusal of the appl ication shall not affect its filing date whicll shall remain val id .

28. Examination As To Substance

1. Subject to article 13 (3) of the proclamation, substantive examination shall he undertaken by experienced technical and legal experts designated by the Commission.

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2. Subject to the payment of the prescribed search and examination fee, the Commission may , for the purpose of the examination under article 13 (3), transmit the application, together with all relevant documents, to an examining authority which has concluded an arrangement to this effect with the Commission, requesting a search and examination report.

3. An application shall be examined as to whether the requirements of articles 3,4,7,9 (2), (4) (b) and (c) and (5) of the proclamation and the regulations pertaining thereto are fulfilled .

4. Where, taking due account of the conclusions of the search and examination report, the Commission is of the opinion that the conditions referred to in the proclamation are not fulfilled, it shall notify the applicant in writing , inviting him, several times if necessary , to amend or divide his application within a specified period ; such specified period shall not be less than two or more than six months from the date of the invitation. The invitation shall be made on Form No 2.

5. Any amendment under sub-article (4) of this article and UndL:f article 1 8 of these regulations shall be made together with the prescribed fee.

6. Where the applicant does not comply with the said invitation or where, despite any observation, amendment or division submitted by the applicant, the Commission, taking due account of the conclusions of the search and examination report, is of the opinion that the conditions referred to in article 13 (3) of the proclamation are not fulfilled , it shall reject the application and notify the applicant of the same in writting .

SECTION 3 ISSUANCE and CONTENTS OF PATENTS

29. Decision to Grant or Refuse to Grant Patent

1. Where two or more applications for grant of a patent for the sam e invention, having the same filing or, where applicable, the same priority date, are filed hy the same applicant, the Commission may, on that ground , refuse to grant a patent in pursuance of more than one of the applications.

2. . Where the Commission, taking due account of the conclusions of the search and examination report, is of the opinion, suhject to article 28 of these regulations , that the conditions referred to in Article 13(3) of the proc1amation are fulfilled, it shall grant a patent.

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3. The Commission shall notify the applicant, in writing, of its decision to grant or to refuse to grant a patent, attaching a copy of the search and examination report upon which the decision is based and, in the case of a refusal, stating the reasons therefor, and in the case of a decision to grant a patent, requesting the applicant to pay the grant and publication fee within three months from the date of the notification.

30. GRANT Of PATENT

1. When the payment of the grant and publication fee is made within three months from the date of the notification of the decision to grant the patent, the Commission shall grant the patent in accordance with article 14 (1) of the proclamation and the provisions of this article.

2. The Commission shall allot to each patent it grants a Patent publication number in the sequential order of the grant.

3. The patent shalI be:

a) granted on Form No 3 and shall contain in addition to the infonnation indicated under sub-article (2) of this article 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,

b) deemed to be granted on the date the Commission publishes a reference to the grant in accordance with article 14(2) Ca) of the proclamation.

31. Puhlication of Reference to the Grant of Patent

The publication of the reference to the grant of the patent shall include:-

a) the number of the patent,

b) the name and address of the owner of the patent,

c) the name and address of the inventor, except where he has asked not to be named in the p,ltent,

d) the name and address of the agent, if any,

e) the filing date and number of the application,

f) if 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,

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�xtellsinn

Exploitation hy by by

k)

d)

16

g) the effective dale of grant of the patent,

h) the title of the invention,

i) the abstract,

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

the symbol of the International Patent Classification.

32. lssmmce of Certificate of Grant of Patent

The certificate of grant of a patent shall be issued on Form No 4, shall be signed by the commissioner and shall contain:

a) the number of the patent,

b) the name and address of the owner of the patent,

c) the f iling date and, where applicable, priority date of the application,

the effective date of grant of the patent, and

e) the title of the invention.

33. of duration of a Patent

The request to extend the duration of a patent, under Article 16 of the proclamation, shall be made in writing to the Commission, and shall be accompanied by a statement signed by the owner of the patent setting out particulars of the working of the invention in Ethiopia.

SECTION 4 EXPLOITATION OF PATENTED INVENTION

BY AUTHORIZED PERSONS

34, of Patented Invention Government Of Thil-d Persons Authorized Government

1. The Commission shall, before making a decision under Article 25 (2) of the proclamation, give the patentee, beneficiaries of compulsory licences, and any other persons whose participation it considers useful, at least 21 days written notice of the date on which they may be heard; the patentee shall give all Iicencees written notice of the hearing and they shall have the right to participate there in.

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Request Compulsory

Acceptance Request Compulsory

17

2. The Commission shall make its decision, after the hearing, in writing, stating the grounds upon which it is based, and, if it has decided that the invention shall be exploited under article 25 (2) of the proclamation, stating the terms of the exploitation.

3. The commission shall record and publish the decision and notify, in writing, the patentee and other participants in the hearing.

4. If the decision of the Commission with regard 10 remuneration is the subject of an appeal, the registrar of the court shall notify the commission of the court's decision once it becomes final and the commission shall record the decision and publish it.

35. for Licences

The request for grant of a compulsory licence, under article 29 of the proclamation, shall be made to the Commission on Form No 6, together with the payment of the prescribed fee; it shall be accompanied by:

a) evidence that his invention is dependent on a patented invention and that it is difficult to make use of it without the use of the latter,

b) evidence that the patentee has received a request, from the person requesting the compulsory licence, for a licence contract but that the latter has been unable to obtain such a licence on reasonable terms and within a reasonable time and,

c) an indication of the plan according to which the person requesting the compulsory licence intends to work the patented invention, including evidence that he has the ability to do so in Ethiopia.

36. or Refusal of for Licence

1. The Commission shall, within three months from the date of the request of grant of a compulsory licence, examine whether the requirements of article 29 of the proclamation and article 35 of these regulations are Prima facie satisfied.

2. Where the Commission, upon examination,

a) finds that the requirements are not satisfied, it shall reject the request and, in writing, notify the person requesting the compulsory licence,

b) finds that the requirements are satisfied, it shall forth with send a copy of the request to the patentee, the heneficiaries of compulsory licence and to persons exploiting the patented invention under article 25 (2) of the proclamation, arld invite them to submit observation thereon, in writing, to the Commission within three months from the date of the invitation.

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Compulsory

1 8

d)

3. The patentee shall forthwith, in writing, notify a111icensees of the request, and the licensees shall have the right to submit observations thereon, in writing, to the Commission within three months of the date of the invitation issued under sUb-article (2) of this article.

4. The Commission shall forthwith notify the person requesting the compulsory licence of any observations submitted under sub-article (2) and (3) of this article.

5. The Commission shall then convene Cl hearing to which it shall invite the person requesting the compulsory licence, the patentee and the persons who submitted observations under sub-article (2) and (3) of this article giving them at least one month's written notice of the date set for the hearing.

37. Decision to Grant or Refuse Licence

1. After the hearing, under article 36(5)of these regulations, if the Commission finds that the conditions for the grant of a compulsory licence are fulfilled, it shall grant the licence, otherwise, it shall refuse it.

2. The decision to grant or to refuse a compulsory licence shall be in writing, shall state the grounds upon which it is based and, in the case of a decision to grant the compulsory licence, shall specify, in particular,

a) the period for which the licence is granted,

b) to which of the acts referred to in article 22 (1 ) 0 f the proclamation the licence extends,

c) the time limit within which the beneficiary of the compulsory licence must commence working the patented invention, and

the terms regarding payment of remuneration

3. The Commission shall record and publish the decision to grant or to refuse the ccmpulsory licence and transmit a copy thereof to the person requesting the compulsory licence, the patentee and the persons who submitted observations under article 36 (2) and (3) of the regulations.

1. \\'here the provisions of article 36 (1) of the proclamation apply only to some of (he claims or some paris of a claim, SHch claims or parts of a claim shall he invalidated.

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19

2. The patentee shall, in writing, notify any licensee of any court proceeding instituted for the invalidation of the patent; the person requesting invalidation shall so notify beneficiaries of compulsory licences granted under article 30 of the proclamation and, where the ground of invalidity invoked is that the patentee is not the inventor or his successor in title, also the person alleged to have the right to the patent.

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Application Relatine

2.

CHAPTER III UTILITY MODEL CERTIFICATES

39, of Provisions to Patents

1. Articles 3(1), (3) and (4) of the proclamation shall not apply in the case of applications for utility model certificates.

Article 16 of the proclamation shall not apply in the case of utility model certificates.

3. In proceedings under article 45 in conjunction with article 36 of the proclamation, the court shall invalidate the utility model certificate on the grounds that:

a. the claimed invention did not qualify for a utility model certificate having regard to the provisions of articles 39 and 45 in conjunction with article 3(5) of the proclamation,

b. the description and the claims do not comply with the requirements prescribed by article 45 in conjunction with article 9(4) (b) and (c) of the proclamation and the regulations pertaining thereto,

c. any drawing which is necessary for the understanding of the invention has not heen furnished,

d. the owner of the utility model certificate is not the inventor or his successor in title, or

e. the claimed invention did not qualify for protection under article 40 of the proclamation.

4. The provisions of the articles set out in chapter II of these regulations shall apply, mutatis mutandis to utility model certificates, subject to the following exceptions:

a. the letter P,in article 24 of the regulations shall be read as the letters UM,

h. article 28 of these regulations shall not apply, and

c. the reference in article 38 of these Regulations to article 36(1) of the proclamation shall he read as a reference to article 45 of the proclamation and sub-article (3) of this article.

5. A request, under Article 43 of the proclamation, for the conversion of an application for a patent into an application for a utility model certificate, or vice versa, shall be signed by the applicant and shall be accompanied by the prescribed fee. The Commission shall within two months of the receipt of the request notify the applicant of its decisio thereon, in writing, and where it refuses the request, it shall state the reasons.

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Application Relatine

Application ReKistration Desi&n

Representations Specimen

21

b,

CHAPTER IV

INDUSTRIAL DESIGNS

40. of Provisions to Patents

Articles 20, 23 and 24 of these regulations shall apply mutatis mutandis to industrial designs and for this purpose the letter P, in article 24(1) of these regulations , shall he read as the letters ID.

41. for of an Industrial

I . The applicalion for registration of an industrial design shall be made on Form No.7 and sha l l he s igned hy each appl icanl.

2. The application shall indicate each applicant's name, address, nationality, and residence.

3. Where the applicant is the creator, the request shall contain a statement to that effect, and where he is not, it shal l indicate each creator's name and address and be accompanied by the statement justifying the applicant's r ight to the reg istration of the industrial design.

4. If the applicant is represented by an agent, the request shall so indicate and state the agent's name and address.

42. Number and Size of and

1. The application shall be accompanied by the folldwing:-

a. if the industrial des ign is two-dimensional , by four graphic representations or four drawings or tracings; or

if the industrial design is three-dimensional, by four graphic representations. or four drawings or tracings of each of the different s ides of the industrial design; and

c. a printing block or printing blocks of such dimensions as the Commission may consider appropriate.

2. A specimen shall be of a size not exceeding 20 centimetres x 20 centimetres x 20 centimetres. No graphic representation , drawing or tracing of the industrial design sha l l exceed 10 centimetres x 20 centimetres. Such representations, drawings or tracings. shall he affixed on four sheets of hard and durable paper of A4 size. Drawings and tracings shall be made i n black ink.

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43. Accordine and Notifyine Filinl: Date;Examination

Application

Rel:istration Desil:n, thereto;

22

2.

1 The Commission shall accord as the filing date -the date of receipt of the .

application, provided that, at the time of the receipt, the application contains

Article 12(2) of the proclamation shall apply mutatis mutandis.

indications allowing the identity of the applicant to be established and the required graphic representation of the article embodying the industrial design.

The invitation to file any correction under articles 12(2) and 5 1 of the proclamation and sub-article ( 1) of this article shall be in writing; it shall specify the correction or corrections required and request that these be filed within two months from the date of the said invitation, together with the payment of the prescribed fee.

3. Once the Commission accords a filing date, it shall so notify the applicant in writing; if the application is treated as if it had not been filed under articles 12(2) and 5 1 of the proclamation and sub-article (1) of this article, the Commission shall notify the applicant in writing, specifying the reasons.

4. Where the Commission finds that the requirements set out in article 48(1) of the proclamation and article 4 1 and 42 of these regulations are not fulfilled, it shall invite the applicant, in writing, to file the required correction within two months from the date of the invitation , together with the payment of the prescrihed lee; if the applicant does not comply with the invitation to correct a deficiency or, where, despite corrections submitted by the applicant, the Commission is of the opinion that the said conditions are not fulfilled, it shall reject the npplication and notify the aprlicant, in writing, stating the reasons.

5. Refusal of the application shall not affect its filing date which shall remain .

44.

The Commission shall notify the applicant, in writing, of its decision to grant or to refuse the application and, in the case of a decision to grant the application, it shall request the applicant to pay the registration and publication fee within one month from the date of the notification.

valid.

Decision to Grant or to Refuse

45. of Industrial Publication of Reference Issuance of Certificate

.1 Subject to the payment of the registration and publication fee within the period prescribed in article 44 of these regulations, the Commission shall register the industrial design in accordance with article 48(2) of the proclamation and this article.

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Rel:istration

23

3 .

c .

d .

4.

2. The Commission shal l allot to each industrial design it registers a number in the sequential order of registration.

The registration of an industrial design shall include a representat ion of the industrial des ign and shal l spec i fy : -

a . the number of the industrial design;

b . the name and address of the registered owner;

the name and address of the agent, if any;

the name and address of the creator, except where he has asked not to be named in the registration;

e . if priority has been claimed, and the claim has been accepted , the priority date and the country or countrie$ in which or for which the earl ier appl ication was fi led; and

f. the kind of products for which the industrial design is to be used.

The publ ication of the reference to the registration of an industrial design under articles 14(2) (a) and 5 1 of the proclamation, shall contain the part iculars specified in sub-article (3) of this artic:;le.

5 . The certificate of registration of an industrial design shall be issued on Form No 8 .

46 . Renewal of

1 . The renewal of the registration of an industrial design may be made by the registered owner or his agent during the period referred to in Article 50(2) of the proclamation. Article 33 of these regulat ions shall apply mutatis mutandis.

2. The renewal shall be made by payment of the renewal fee within the period specified in Article 50 (2) of the proclamation or, upon payment of the prescribed surcharge, within the grace period allowed under articles 17( 1) and 52 of the proclamation .

3 . The renewal of an industrial design registration shall b e recorded in the register and shall be published.

4 . The Commission shall issue to the registered owner a cert ificate of renewal which shall contain :

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24

a) the registration number of the industrial design;

h) the date of renewal and the date ot expiry;

c) the name and address of the registered owner; and

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

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Chan es Ownership

Appointment A ent,

Days

25

CHAIYfER V MISCELLANEOUS PROVISIONS

47 .

1 .

2.

Any change in the ownership of a patent, a utility model certificate or a certificate of registration of an industrial design or in the ownership of an application therefor , shall be in writing and shall, at the request of any interested party , to the Commission, be recorded and, except in the case of an application. be published by the Commission . Such change shall have no effect against third parties until such recording is effected.

The request . under sub-article ( 1 ) hereof, for the recording of a change of ownership of a title granted under the proclamation or of an application thereof shall be made to the Commission on Form No 9 and shall be subject to payment of the prescribed fee.

3. The publication of the change of ownership shall specify ,

a) the title of protection concerned;

h) the ri ling date, the priority date, if any , and the date of registration or grant ;

c) the owner and the new owner; and

d) t he nature or the change of ownership .

in

48 . of Address for Service

49. Excluded

The appointment of an agent shall be by a power of attorney which shall be signed by the applicant or, if there are more than one, by each applicant. The address of the agent shall, for all purposes connected with the proclamation and these regulations, he used to com mun icate to t he person o r persons who appointed the agent .

When the last day for doing any act or taking any proceeding falls on a day when the off ice of the Commission 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 of the Commission is next open for business.

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Rel:isters

Rel:isters; Reguest Copies Documents,

Hcarinl:

26

(2)

50. and Official Gazette

(1) The Commission shall maintain separate registers for patents, uti lity model certificates and certificates of registration of industrial designs . A l l the recording provided for in the proclamation and these regulations shall be effected in the said registers .

The Commission shal l publish in the official gazette a l l the pub l ications provided for in the proclamation and these regulations .

5 1 . Consultation of for Extracts therefrom and for of

1 . Subject to payment of the prescribed fee, ariy person may consult the registeres and may obtain extracts therefrom.

2. Requests for certified copies of extracts from a register or for copies of documents shall be made to the Commission in writing .

52. Correction of Errors

( 1) The Commission may correct any error of translation, clerical error or mistake in any application or document filed w ith it or in any recording effected pursuant to the proclamation or these regulations .

(2) Corrections of errors under sub-article (1) of this article may be made by the Commission upon receipt of a request in writing or its own initiative. Corrections made shal l be communicated in wri ting to all i nterested persons , and , where considered necessary , shal l be publ ished by the Commission.

53 .

( 1 ) Before exercising adversely to any person any discretionary power given to the Commission by the proclamation or these regulations, the Commission shall noti fy such person , in wr iting, of the opportunity to be heard thereon, and indicating a t ime limit which shall not be less than one month, for fil ing a request for a hearing.

(2) The request for a hearing shall be in writing .

(3) Upon receiving such request. the Commission sha l l give the person apply ing, and any other interested persons, at least two weeks ' not ice, in writing, of the dale and Lime of the hearing.

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by

27

54. Service Mail

( l ) Any notice, application or other document sent to the Commission by mail shal l be deemed to have been given, made or filed at the time when it would be delivered in the ordinary course of the mail . In proving such sending. it shal l be sufficient to prove that the letter containing such notice , application or other document was properly addressed and sent by registered mail .

(2) Sub-article ( 1 ) of this article does not apply to the accordance of the filing date .

5 5 . Forms

The forms annexed to these regulations shal l be used in all cases to which they are applicable and shall be modified as directed by the Commission to meet other cases.

56 . Effective Date

These regulations shall come into force on the date of their publication in the Negarit Gazette.

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SCHDULE I FORMS

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./ 1 9 9 6

1L----11

I I

The Fede ra l Democ r a t i c Republ i c o f E t h i op i a E t h i op i a n S c i e nce and Technol ogy Commi s s i on

Form No . 1 Regul a t ion No

REQUEST FOR GRANT O F PATENT OR For O f f i c e U s e UT I L I TY MODEL CERT I F I CATE

Dat e o f r e c e i p t b y t he Commi s s i on :

To : The E t h i op i an S c i ence and Technol ogy Comm i s s i on Appl i ca t i on No . : P . O . Box 2 4 9 0 ( Comm i ss i on ' s s t a mp ) Tel . 2 5 1 - 1 - 5 1 - 1 3 4 4 Telex 2 1 5 6 8 ESTC ET Fax 2 5 1 1 5 1 8 8 2 9 Add i s Ababa E t h i op i a

F i l i ng d a t e :

Appl i can t ' s o r repre s e n t a t ive ' s f i l e r e f e re n c e

The App l i cant ( s ) requ e s t;: ( s ) t he grant o f a c::::::::J pa t e n t u t i l i t y

mode l cert i f i c a t e i n re spe c t o f t he f o l l ow i ng p a r t i c u l a r s :

I . T I TLE O F INVENT I ON/M I NOR I NVENT I ON :

I I . App l i cant ( s ) ( The d a t a c oncerning e a c h app l i ca n t mus t app e a r i n t h i s box o r , i f t he space i s insu f f i c i en t , i n t h e supp l e m e n t a l box . )

Name :

Addre s s :

N a t i o na l i ty :

Count ry o f r e s idence o r p r i n c ipal p l a c e o f bus i ne s s :

Te l . No . : Te l egraph i c addre s s :

Tel e x No . : Fax No . :

( Form No . I , f i rs t page )

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. . '

:III I! I Ill/ II1 I

I I

i 'h

I . I ' : ; , , fMm ' No . l ( cont ' d )

iAGENT Th 1 1 If oWlng agent ase 0 ). been appo lnted by t he app l i c ant ( s

The powe r of a t t orney accompan i e s t h i s f o rm

The powe r o f a t t o rney wi l l be f i l ed wi t h i n one mon t h f rom c=J t he f i l i ng of t hi s form Name :

Address :

Te l . No : Te l ex No . :

Tel egraphi c Addre s s : Fax No . :

IV . INVENTOR The i nventor i s t he Addi t iona l i n forma t i on i sD app l i cant D c onta i ne d i n the supp l eme n t a l box

I f t he inventor i s not t he app l i cant t he i nvent ors :

Name :

Address : The s t at ement j us t i fying t he app l i cant ' s r ight accompani e s t h i s f o rm

V . DIVI S I ONAL APPL I CATI ON

This app l i c a t i on i s a d i v i s ional app l i cat i on c:=J The bene f i t of t he c::J f i l ing dat e c::J p r i o r i ty d a t e o f t he

i n t i al app l i ca t i on i s c l a imed in as much as t he subj e c t mat t e r of t he pre s ent appl i c a t i on is conta i ned in t he i ni t i a l app l i ca t i on ident i f i ed be l ow .

I n i t i a l App l i ca t ion No . :

Date o f f i l i ng o f i n i t i a l appl icat i on : VI . DISCLOSURES TO BE D I SREGARDED FOR PRIOR ART PURPOSES

Discl osure occurred not more than twe lve months be fore t he f i l i ng date or p r i o r i t y date of the pre s ent app l i ca t ion

D by reason or i n consequence of acts of t he app l i cant o r h i s prede c e s sor i n t i t l e .

o f an abuse commi t ted by a thi rd pa rty wi t h regard t o t he r i ght s of the app l i cant or hi s prede c e s sor i n t i t l e .

add i t i onal i n forma t i on i s cont a i ne d i n a s t a t eme n t accompany i ng t hi s form

( form No . l , se cond page

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ocm No . t ( cont ' d )

VI I . PRIORI TY DECLARATI ON ( I f any )The prior i ty o f ( an ) earl i e r app l i c a t i on ( s ) i s c l ai med a s fol l ows

The pri ori t y o f more t han one earl i e r appl i cat i on i s cl a i med ; t he data are indicated in t he supp l emental box c:J Count ry ( i f t he earl i er appl i c a t ion F i l ing dat e : i s a regional or i n t erna t i onal appl i c a t ion , i ndi cate t he o f f i c e Appl i ca t i on No . : w i t h whi ch and t he c ount ries for whi c h i t was f i led) :

Symbol o f t he I n t e rnat iona l pate n t C l a s s i f ic a t i on :

c:J not ye t a l l o c a t e d

The cert i f ied c opy of t he earl i e r app l i cat i on

accompanies t h i s form

wi l l be f urni s hed upon request by t he Comm i s s ion , a s

pre s c r i be d by Art i c l e 2 0 ( 5 ) of t he regul at ions . The trans l a t ion i n t o Engl i s h or Amharic o f the earl i e r app l icat i on

accompan i e s t h i s form

wi l l be furn i shed upon reque s t , a s pre sc r i bed by Art i c l e 2 0 ( 6 ) o f t h e regu l a t i on ,

VI I I . SUPPLEMENTAL BOX*

( form No . l , t h i rd page )

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for'01 -w '" .It

I I

t h s box lf o f t he boxes l arge e no ugh

" Nu . ' 1 ( cont I .d ) ! . _

IX . CHECK L I ST ( TO BE F ILLED I N BY THE APPL I CANT )A . Thi s appl i ca t ion conca i n s the

fol l ow i ng :

1 . reques t . . . . . . . . she e t ( s )

2 . descrip t i on . . . . . . . sheet ( s )

3 . c laim ( s ) . . . . . . . . . . she e t ( s )

4 . abstract . . . . . . . . . . she e t ( s )

5 . drawing ( s ) . . . . . . . . s he e t ( s )

TOTAL SHEETS

C . F igure number . . , . . . of the

B . Thi s f o rm , a s f i l ed , i s accompanied by t he i t ems t icked be l ow :

separate s igne d powe r o f a t t o rney

S t a t ement j us t i f y i ng t he app l icant ' s r ight

S t a t ement that c e r t a in d i s cl osures be d i sr e garded

priority doc umen t ( s ) ( ce rt i f i e d c opy o f e arl i e r

appl i ca t i on ( s ) )

t rans l a t ion o f e a r l i e r app l i c a t ion ( s ) o n whi ch

priori t y dec l arat i on i s ba s e d into ( Engl i sh o r Amha r i c )

drawings ( i f any ) i s suggested app l i c a t ion f e e to accompany t he abst ra c t for pUb l i ca t ion other document ( s )

( spec i f y )

X . S IGNATURE ( S ) * * . . . . . . . . . . . . . . . . . . . . . . . . . . Dat e . . . . . . . . . . . . . . . .

To be f i l l e d i n by t he Comm i s sion

1 . Dat e of receipt o f c orrec t ions or l a t e r f i l e d docume n t s comp l e t i ng the app l i cat i on :

2 . date fees receive d :

* Use a ny lS not t o cont a i l informa t i on t o be furn i she d . I ndicate t he boxes con t i nued i n thi s box b' t he i r roman numeral s and t i t l e ( e . g , " l L App l i cant ( s ) ( cont inue d ) " ) . l ' more spa ce i s

unde r s ignature

)

neede d , use and a t ta ch separat e s he e t ( s ) and mak · reference thereto i n the s upplement box .

* * Type name ( s )

( form No . l , fourth and l a s t page

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I I report ----- 1 3 ( 3 )

r-----� report �----� f o re ign

Form No . 2 REGULATION NO . / 1 9 9 6

NOT I F I CAT ION O F NON- COMPLIANCE For Of f i c e U s e WITH SUBSTANTI VE REQUIREMENTS AND INVITATI ON TO SUBMI T Fee rece ived onOBSERVATI ONS AND/OR AMENDED APPL I CATI ON FOR GRANT OF PATENT

App l i cant ' s or Repre snt a t ive ' s F i l e ref e renc e :

I n t he mat ter o f P a tent App l i cat ion No . . . . . . . . the Commi s s i on hereby not i f s the app l i cant ( s ) that , taking due a c c ount o f t he :

on the search and examinat i on re f e rred to in Art i c l e o f the pro c l amat i on and Art i c l e 2 8 ( 1 ) and ( 2 ) o f the

regu l at i ons . ( copy i s annexed )

on the search and examinat i on of a correspondi ng app l i c a t ion , patent or other t i t le o f prot e c t i on

re ferred t o i n Art i c l e 1 0 o f the proc l amat i on and Art i c l e 2 2 o f t h e regu lat i ons . ( copy i s annexed )

the f o l l owing subs tanti ve requirement s have not been f u l f i l l ed w i t lh respe c t t o the above - i dent i f ied app l i ca t i on for t he f o l l owing* reasons :

The app l i cant ( s ) i s / are hereby inv i t ed t o submi t , w i t h i n . . . . . . . . .

months , * * h i s / t he i r observat ion and , where app l i c ab l e , an amended appl i c a t ion . The amendment sha l l be made to the comm i s s i on , t oge ther with the prescribed fee .

S IGNATURE The Comm i s s i on Dat e

* I f more space i s needed use & a t tach separate she e t

* * S t a t e the t ime l imi t i n accordance w i t h Art i c l e 2 9 ( 4 ) of t hEl sRegul a t i ons .

,

( Form No , 2 only page )

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[

THE FEDERAL DEMOCRATI C REPUBLI C O F ETH I O P I A I 'VH INJP I , SCiENCE) AND TEC:lrNOLOGIY COMM ISS I ON

FORM NQ . 3 * Regulat ion No . / 1 9 9 6

( 1 9 ) ET ( 1 1 ) Publ i ca t ion No . :

Logo of Ethiopia ( 4 5 ) Publ i ca t ion Dat e and

Name of t he Comm i s s ion ( 5 1 ) I n terna t i ona l Patent : Clas s i f i c a t i on :

( 12 ) * * PATENT

( 2 1 ) Appl i ca t ion No . : ( 7 1 ) App l i cant ( s ) Name ( s ) and Address ( e s ) :

( 2 2 ) F i l ing Date :

' 3 D ) Prior i t y

( 3 3 ) Count ry : ( 7 2 ) Inven t or ( s ) Name ( s )

( 3 1 ) Number

( 3 2 ) Dat e ( 74 ) Aj ent ' s Name and Addres s :

( 5 4 ) T i t l e :

( 5 7 ) ABSTRACT :

* Thes e i nd i c a t ions and t he footnote s do not appear on t he f ir s t pagE of t he Patent .

* * The numbers in parentheses before t he bibl i ographi c dat a are t hE i n te rnat ional l y agreed numbers for t he i dent i f i ca t i on o f Dat a ( IN I l code s ) , as d e f ined i n W I PO s t andard ST . 9 , where by t he variouE bibl iographi c dat a appearing on t he f i rs t page of a p a t ent document can be i dent i f ied with out knowle dge of t he l anguage u s e d & thE Indus t ri a l P rope r ty l aws appl ied

( Form No , 3 , only page )

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,fqlF-M I Q Regul'at ion

• 111 1 NI ' 'I' l! 1 .

I

THE FEDE L DEMOCRATIC REPUBLIC OF ETHIOPIA ETH I O P lAij S C IENCE AND TECHNOLOGY COMM I S S I ON

. \4 No .

( 1 9 ) ET ( 1 1 ) Pub l i ca t i on No . :

Logo of Eth iop i a ( 4 5 ) Publ i c at i on Dat e and

Name of the Commis s i on ( 5 1 ) I n ternat ional Pat ent : C l as s i f i cat i on :

* *( 1 2 ) UTI L I TY MODEL CERT I F I CATE

( 2 1 ) Appl i c a t ion No , : ( 7 1 ) Appl i c ant ( s } Name { s ) and Addres s { e s } :

( 2 2 } F i l ing Date :

( 3 0 ) Priori ty

( 3 3 ) Coun t ry : ( 7 2 ) I nventor ( s ) Name ( s )

( 3 1 ) Number

( 3 2 ) Da t e ( 74 ) Aj ent ' s Name a nd Addr e s s :

( 54 ) T i t l e :

( 5 7 ) ABSTRACT :I.,

* The s e ind Cp.tHf1s aIf-d Hie footnote s do no t appea r on t he ' f i rs t p;of the Pat ent .

* * The numbers i n parentheses be fore t he b ib l i ographi c qat a are t h inte rna t i onal l y agre ed numbers f o r t he i dent i f i ca t ion o f D a t a ( 1N l code s ) , a s de f ined i n W I PO s t andard S T . 9 , whe re by t he var iou b i b l i ographi c dat a appearing on the f i rs t page of a p a tent documen can be i dent i f i ed w i th out knowledge of t he l anguage u s e d & t h I ndu s t r i al P roper t y l aws appl i ed .

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________________ _

;.

THE FEDERAL DEMOCRATI C REPUBL I C OF ETH I OP I A ETH IOPIAN S C I ENCE AND TECHNOLOGY COMMIS S I ON

Form No , S Regulat ion No , / 1 9 9 6

CERTIFI CATE OF GRANT O F PATENT/UTI L I TY MODEL CERT I F I CATE *

In accordance w i t h Art i c l e 1 4 ( 2 ) ( b ) / Art i c l e 4 2 * o f t he proc l amat i on concerning I nvent ions Minor Invent i ons and I ndu s t r i a l Des i gn s , i t i s he reby cert i f ied that a Pat ent /Ut i l i t y Model Cert i f i c a t e * h a s been granted t o :

Name :

Addre s s :

Reg i s t ra t i on numbe r :

on . . , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( da t e ) I i n resp e c t o f an invention d i s c l osed in an appl i c a t i on for that pat ent / ut i l i t y model

, : cert i f i ca t e * havi ng t he fol l owing

f i l i ng dat e : fUIi . pri o r i ty dat e :

, be i ng an i nvent i on / mi nor i nvent i on f o r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

( t i t l e )

The Commi s s ion Date

* Del e t e whi cheve r doesno t appl y .

{ fo rm No . S , onl y page }

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____________ __

.:

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THE FEDERAL DEMOCRAT I C REPUBLI C OF ETHIOP IA ETHIOPAN S C IENCE AND TECHNOLOGY COMM I S S I ON

Form No . 6 Regu l at ion No . / 1 9 9 6

REQUEST FOR GRANT OF for o f f i c i a l use COMPULSORY L ICENSE

App l i ca t i on received on :To : ETHIOP IAN SCIENCE AND

TECHNOLOGY COMM I S S I ON P . o . Box 2 4 9 0 Fee rece ived on : Te l . 2 5 1 - 1 - 5 1 1 3 4 4

App l i c ant I S or repre s ent a t ive I S f i l eTelex . 2 1 5 6 8 ESTC ET ref erence :Fax . 2 5 1 - 1 - 5 1 8 8 2 9 Addi s Ababa Ethiop i a

In t he mat t e r o f

Patent No . : Date o f Grant : I

Ut i l i ty Model Cert i f i ca t e No . : ill I I ! . Appl i c ant ' s Name : I!'

Addre s s :

..

Address f or servic e i n Ethiop i a :

Nat iona l i t y : count of res i dence o r principal p l ac e o f busines s :

Tel . No . : Tel egraphic Addre s s :

Fax No . : Telex No . :

( form No . 6 , f i rst p age )

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. d

*

form No . 6 ( cont ' d )

I l l . REQUEST

The above app l i can,t hereby reque s t s t he Comm i s s i on , in r e sp e c t of It he P a t ent /Ut i l i ty Model Cert i f i ca te * , i dent i f i e d above , t o grant I,.a compulsory l i cense unde r Art i c l es 2 9 and 3 0 o f t he Proc l ama t i on concern ing I nvent i ons , M i nor I nvent i ons and I ndu s t ri a l D e s i gn s i n . l accordance wi t h t he t e rms proposed and upon t he g rounds s e t outbel ow .

IV . PROPOSED TERMS * *

Amount and cond i t i ons o f payment o f remune r a t ion :

Condi t ions o f explo i tat ion o f the i nvent ion :

Others : V . FACTS JUST I FYING GRANT * *

VI . ADDI T IONAL I NFORMAT I ON* * The f o l l owing i t ems accompany t h i s form :

evidence t hat the owner o f t he pate n t / u t i l i t y mode l c e rt i f i ca t e * has rece ived a reque s t f rom t he app l i c ant

obta i n a l i cense but that t he appl i cant has b e en una b l e obt a i n such a l i cense o n reasonab l e t erms and wi t hi n a reasonab l e t i me j

p l an according t o whi ch t he app l i cant i n t ends t o work t h e i nvent ion , including evidence t hat he ha s t he abi l i t y t o do s o in E t h i op i a .

o t hers ( spec i f y )

t o t o

V I I . S IGNATURE . . . . . . . . . . . . . . . . . . . . . . . ( App l i ca n t /Agen t ) * * * . . . . . . . . . ( Del l e )

i , , 1

De whi chever does not apply

* * I f any o f the boxes i s not l arge e nough t o cont ain i n forma t i on t o be furn i s he d , use and a t t ach s eparat e she e t ( s ) and make re f e rence there t o in t he corresponding box ( e s ) .

* * * De l e t e whi c hever do s not apply and type name ( s ) under s i gna ture .

( Form No . 6 s econd and l a s t page )

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THE FEDERAL DEMOCRATI C REPUBLIC OF ETH I OP IA ETH IOP IAN SCI ENCE AND TECHNOLOGY COMM I S S I ON

Form No . 7 REGULATION No / 1 9 9 6

IAPPL I CATI ON FOR REGI STRATI ON for o f f i c i a l use IpF INDUSTR IAL DES I GN

Dat e o f rece ip t by t he Commi s s ion " 0 : Ethiop i an S c i ence and

Tec hnol ogy Commi s s ion App l icat ion No . : P . o . Box 2 4 9 0 Te l . 2 5 1 - 1 - 5 1 1 3 4 4 ( o f f i ce ' s s t amp )Tel ex . 2 1 5 6 8 ESTC ET Fax 2 5 1 - 1 - 5 1 8 8 2 9 Add i s Ababa F i l ing dat e : Ethiop i a App l icant ' s or represent a t i ve ' s f i l e

re f erenc e :

!] :rrHE APPLI CANT ( S ) REQUEST ( S ) THAT THE ACCOMPANYING I NDUSTRIAL DES IGN BE ,REGI STERED IN RES PECT OF THE FOLLOWING PARTI CULARS : '

App l i cant ( s ) ( The da ta concerning each appl i cant mus t appear in thi s box or , if the space i s i ns u f f i c ient , in t he supp leme n t a l box . )

Add i t i ona l i n f orma t i on i s c ont ained in supp l ementa l box .

Name :

Addre s s :

Na t i ona l i ty :

Count ry o f res i dence or princ ipal place o f bus iness :

Te l . No . : Te l egraph i c address :

Te l ex No . : Fax . :

'form No . 7 , f i rs t page )

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I I I I I I

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I I , Form pag e )

I

V .

f rn No . 7 ( cont d )I

I I . AGENT The f o l l owing agent has been appointed by t he app l i c ant ( s ) i n t he power o f a t torney

The power o f a t torney accompan i e s t h i s f orm

w i l l b e f i l e d w i t hin one month f rom t he f i l ing o fCJ t hi s form

"'Name :

Addres s :

Te l . No Tel ex No :

Te l egraphi c addre s s : Fax No :

J: I I . REPRESENTATI ONS O F THE INDUSTRI AL DES I GN ; S PE C I MEN Thi s f orm i s a cc ompani ed by :

four graphi c representa t i ons

four drawings or t rac i ngs

a spec imen of t he indu s t r i a l de s ign

IV . PRODUCTS

The k ind o f p roduct ( s ) for whi c h t he indu s t r i a l des ig n i s o r a r e t o be used i s/ are the fol l owing :

PRI ORI TY CLAIM ( i f any )The priority of an earl ier app l i ca t ion i s claimed as f o l l ows :

Count ry : F i l i ng dat e : App l i cat i on No .

The p r i o r i ty o f more t han one earl i e r appl ic at i on i s c l a imed ; t h e dat a are i ndi cated i n t he suppl emental box ' 0 The c e r t i f i ed c opy o f t he earl i e r appl i ca t ion

accomp ani e s t h i s f orm 1 1Ill! wi l l be furn i s hed within t hree months f rom t h e

f i l i ng o f t h i s form No . 7 s ec ond

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1

VI I I . , '

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.fbrom No . 7 cont I d

Fees accompany t h i s form

VI I SUPPLEMENTAL BOX *

···H

'VI I I S IGNATURE

. l .

2 .

.-. ,

3 .

( Appl icant /Agent ) * * Date

T O BE FILLED IN BY THE COMMI S S I ON

Dat e appl i c a t ion re ce ived : Dat e o f receipt of corrections , l at e r f i l ed papers comp l e t i ng the appl i c a t ion :

Dat e f e e s rece ived :

Use t h i s box i f any o f the boxes i s not l arge enough t o con t a i n informa t i on t o b e f urni shed . I ndi c a t e the boxes c on t i nued in t h i s box by

11the i r roman nume ral s and t i t l e ( e . g , 11 I I Appl i cant ( s ) ( cont i nued ) . I f more space i s neede d , use and a t tach separa t e s he e t ( s ) and make ' re f e rence there to in the supplemental box .

* * De l e t e whi cheve r doe sn ' t apply and t ype name und e r s ignature .

(Form No . 7 , t hi rd and l a s t page )

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I

I

I

____________________________________________ _

I

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THE FEDERAL DEMOCRATI C REPUB L I C OF ETHIOPIA ETHIOP IAN SC IENCE AND TECHNOLOGY COMMI SS ION

, jForm No . 8 Regulation No . / 1 9 9 6

CERT I F I CATE OF REGI STRAT ION OF I NDUSTRIAL DES I GN

I n accordance w i t h Art i c le 4 8 ( 2 ) o f t he p roc l amat ion Concern i ng "' Invent i ons I Mino r I nvent ions and I ndu s t r i al Des igns l i t i s hereby

cert i f i e d t hat a c e rt i f i ca t e of regi s t ra t i on of an i ndus t r i a l de s ign has been grant e d t o :

Name :

Addre s s :

J :; Reg i s t ra t ion number :

I on ( da te ) I i n respec t o f a n indu s t r i al \1 : de sign d i s c losed i n an app l i cat ion f o r regi s t ra t i on o f t ha t i ndust r i a l ?e signs hav i ng t he fol l owing

Fi l i ng dat e :

Prio r i t y dat e :

, be ing an i ndus t ri a l de s i gn for :

( kind of produ c t s f o r which the i ndu s t r i a l des i gn i s t o be u s e d )

Cre a t ed by : , Name :

Addre s s :

A copy o f t he reproduct i on o f t he i ndusr i a l des ign a c c ompani e s t h i s cert i f i ca t e .

The Commi s s ion Date

Form No , S only p age I

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liOWNERSH I P

TO :

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THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

ETHIOP IAN SCIENCE AND TECHNOLOGY COMMI S S I ON

If.orm No . 9 RJegulat ion No / 1 9 9 5

11 REG I STRAT I ON OF CHANGES IN For Of f i c i a l

App l icat ion rece ived E t h i op i an S c i ence and by t he Commi s s ion on : Technology Commi s s ion P . o . Box 2 4 9 0 Te l . 2 5 1 - 1 - 5 1 1 3 4 4 Appl i cant ' s o r repre s e n ta t i ve ' s f i l eTe l ex 2 1 5 6 8 ESTC ET re f e rence :Fax . 2 5 1 1 5 1 8 8 2 9 Addi s Ababa E t h i op i a

In t he mat t e r o f :

, Pa t-ent appl i c a t ion No . : F i l ing dat e : ,App l icat i on for !Ut i l ity Mode l Cert i f i ca t e No . : F i ling dat e : Appl i ca t i on for Reg i s t ra t ion o f I ndust r i a l De s ign No . : F i l ing dat e : Patent No : Date o f Grant :

! Ut i l ity Mode l Ce rt i f i cate No : Date of Grant : :, I ndus t r i a l Des i gn Cert i f icate No . : Date of Reg i s t rat i on : i l l APPLI CANT ( S ) / OWNER ( S ) *

NAME : ADDRESS :

,

,

REQUES T The Comm i s s i on i s hereby reques t e d t o r ecord t he c hange i n ownership o f t he above - ident i f i ed * *

The p re sent app l i ca t ion ( s ) / owner ( s ) * i s / are ident i f i e d above .

The new app l i c an t ( s ) /new owner ( s ) * i s / a re i dent i f i e d b e l ow . * De let e wh cheve r doe snot a

* * Indicate app l i cat i on

9 F i r s t

or t i t le concerne d .

Form NQ

I

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orm No . 9 Cont ' d

IV NEW APPLI CANT ( S ) /NEW OWNER ( S ) * Name : Addre s s :

Addre s s for s e rvice in Ethiopia : ,

Nat iona l i t y : 1-·'11

Re s i dence or princ ipal p l ace of bus ine s s :

Te l . No . : Te l egraph i c Addre s s : ''''1 '

. Te lex No . : Fax No . : ... ,

t"" . , l, i V , ADD I T I ONAL INFORMAT ION

The f o l lowi ng i t ems a c company t hi s form :

The original o r a cert i f ied copy of t he document evi denc ing t he I D change of ownership , s igned by or on behal f :of t he cont ract ing part i e s .

Other document s evidenc ing t he change in ownership ( spe c i fy ) . CJ j - Fee s CJ

Other ( spe c i fy )CJ

'VI SIGNATURES

New app l i cant /New owne r * *

Dat e

App l i c ant /Owner* * .1. i

Dat e

* b e l e t e Whi chev t doe s not apply

* * De l e t e whi chever doe sn ' t apply and type name ( s ) under S i gnature .

Form Ng 9 , Se cond and Last page

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I I ,

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Fax, :; Add!j- s

l i i '

PAT$NT

! ------ -------------------------------------------------------------------- I I

I J. 1 i

,

The Federal Democrat i c Republ i c of Et hiopia Ethiop i an S c i ence and Technol ogy Commi s s i on

iForm No . 1 0 ,Regulation No / 1 9 9 6

' I REQUEST FOR GRANT OF For O f f i ce Use PATENT OF I NTRODUCTION

Dat e of receipt by t he Commi s s i on :

'\ To ' The;: E th i op i an Science and'j " • Technology Comm i s s i on App l icat i on No . : , II ,

P . Oi B ox 2 4 9 0 ( Commis s i on ' s s t amp)Tel 2 5 1 - 1 - 5 1 - 1 3 - 4 4 Te l x 2 1 5 6 8 ESTC ET

2 5 1 - 1 - 5 1 8 8 2 9 Ababa

Et h opi a F i l ing date :

App l i cant ' s or repre sent at ive ' s f i l e re f erence

I . No . Date of Grant

Count ry Grant

I I . App iL i c ant

Name :

Addres s :

Nat i ona l i t y :

Country of res i dence or p rincipal p lace o f bus i ne s s :

Tel . No . : Telegraphi c addre s s :

Telex No : Fax No . ;

( Form No . 1 0 , f i rs t page )

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procl ama t i on . 11r----- --------------------------------------------------------------------------_11

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(Worm No . 1 Q cont ' d )

n : r AGENT

The f o l low.ing agent has been appo inted , by She app l i cant .

The power o f a t torney accompan i e s t,hi s f o rm

The power o f at torney wi l l be f i le d w i t h i n one mont h f rom t he f i l ing this f o rm

Name :

Addre s s :

Te l , No . : Te l egraphic addre s s :

Te l ex No . : Fax No . :

I IV Requ e s t

The above app l i cant he reby reques t s t he commis s i on t o grant a patent of Int rodu c t ion to t he a f forment i oned p a te n t i n accordan c e w i t h t he t e rms & cond i t i ons o f Art i c l e 1 8 o f t he p ro c l ama t i on con c e rn i ng i nventions , minor i nve n t i on s & I ndu s t ri a l d es igns . Ver i f i c a t i on

I here by ver i fy that t he above s t a tement i s t rue & t ake ful l responsibi l i ty in accordan c e w i t h Art i c l e 1 8 of t he

. i ' V I S i gnature ( appl i cant / agen t ) *

dat e I

, Dele t e whi ch eve r doe s not apply

r Form No . 1 Q Last p age )

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SCHDULE 11 FEES

Page 48: INVENTIONS. MINOR INVENTIONS AND INDUSTRIAL DESIGNS …admin.theiguides.org/Media/Documents/Inventions, Minor Inventions … · Proclamation Concening Inventions, Minor Inventions

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75

75

75

75

SCHEDULE 11 FEES

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Amount of Fee Matter or Proceeding in USD Form

INDIVIDUALS FIRMS

A. PATENTS AND UTILITY MODEL CERTIFICATES

Application for a patent (Article 9 of the proclamation and 17 .5 70 No. 1 Article 10 of the Regulations)

Each divisional application for a patent (Article 18 of the 17 .5 70 No. 1 Regulations)

Application for a utility model certificate (Articles 9 and 45 8 .75 of the proclamation and Articles 10 and 40 of the

No. 1

Regulations)

Each divisional application for a utility model certificate 17 .5 70 No. 1 (Articles T9 and 40 of the Regulations)

Correction of application on request of the commission article 27(2) of the regulations

Amendment of application at instance of applicant and on invitation of the commission (Article 28(4) and (5) of the Proclamation)

2 .5 10

' 111

2 .5 10

,

200 or an examining authority (Article 13(2) of the proclamation and Article 28(2) of the Regulations)

Fee for search and examination carried out by the commission 50

Grant and publication fee for patents (Article 30( 1) of the 56. 25 Regulatios)

56.25 225Grant and publication fee for utility model certificates (Article 30 and 40 of the Regulations)

I'Annual fees for patents (Article 17( 1 ) of the proclamation

2nd year 1 8 . 75 75

3rd 18 .75 75

4Lh year

year

1 8 . 75 75

5Lh year 1 8.75 75

6Lh year 1 8 . 75

18 .75 757Lh year 18 .75 8Lh year 18 .75 9Lh year

10Lh year 1 8 . 75

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13 th year

14th year

15 1h year

Where the term is extended , for each year

Alillual fees for utility model certificates (Articles 17 ( l)and 4 Qfthe proclamation)

2nd year

3rt] year

41h year

51h year

..

Where the term is extended, for each year

Surcharge for late payment of annual fee for patent (Article 17(1) of the proclamation)

Surcharge for late payment of annual fee for utility model certificate (Articles 17(1 ) and 45 of the proclamation)

Request for extension of duration of a patent (Article 1 6 of the proclamation)

Request for extension of duration for utility model certificate (Article 16 and 45 of the proclamation)

Request for compulsory license (Article 29 of the proclamation and Article 35 of the Regulations)

Request for Patent of introduction (Article 18 of the

43 .75 175

43 .75 1 75

43 . 75 175

50 200

7 . 5 30

7 .5 30

7 .5 30

7.5 30

12 .5 50

10% overdue 1 0 % overdue

10% overdue 1 0 % overdue

50 200

12 .5 50

1 8.75 75 No .6

1 8 .75 75 No. lO

Matter or Proceeding Amount

in USD

INDIVIDUALS

of Fee

FIRMS

FORMS

11 1 year 1 8 . 75 75

12 1 year 43 .75 175

proclamation)

Annual fee for patent of introduction 12 .5 50

Request for conversion of a patent application into an application for a utility model certificate and vice versa (Article 43 of the proclamation)

8 .75 35

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Amount of Fee Matter or Proceeding in USD Form

INDIVIDUALS FIRMS

B. INDUSTRIAL DESIGNS

Application fee for an industrial design (Article 47(4) of the proclamation) 6.25 25 No .7

Correction of application on request of Commission (Article 43(4) of the 2.5 10 regulations)

Registration and publication fee (Article 46( 1) of the regulations) 56.25 225

-Request for extension ,orduration ,(Article 50(2) or the proclamation) -7.5 -30 . ---- --

Renewal fee (Article 50(2) of the proclamation and Article 47(2) of the 8 .75 35 Regulations

Surcharge for late payment of renewal fee (Articles 17(1) and 51 of the 10% overdue 10% proclamation and Article 47(2) of the regulations overdue

C . GENERAL

Filing request for recordal of change in ownership (Article 48(2) of the regulations)

50 200 No.9

Certified copies of documents per page (Article 52 of the regulations) 0.50 0 .50