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PATENTS ACT.

ARRANGEMENT OF SECTIONS.

   Section

PART I
INTERPRETATION.

   1.   Interpretation.

PART II
THE PATENTS REGISTRY.

   2.   Officers.

   3.   Patents registry.

   4.   Register of patents.

   5.   Administrative instructions.

   6.   Restrictions concerning patent officials.

PART III
PATENTABILITY.

   7.   Definition of invention.

   8.   Patentable invention.

   9.   Novelty.

   10.   Inventive step.

   11.   Industrial application.

   12.   Temporary exclusion from patentability.

PART IV
APPLICATION, GRANT, REFUSAL OF GRANT.

   13.   Application.

   14.   Unity of invention.

   15.   Amendment and division of application.

   16.   Right of priority.

   17.   Information on corresponding foreign applications and grants.

   18.   Withdrawal of application.

   19.   Filing date and formal examination.

   20.   Search and substantive examination.

   21.   Grant, registration and publication of patent.

   22.   Appeals.

   23.   ARIPO patents.

PART IVA
INTERNATIONAL APPLICATIONS UNDER THE PATENT CO-OPERATION TREATY.

   23A.   Interpretation.

   23B.   Filing date and effects of international application designating Uganda.

   23C.   Receiving office.

   23D.   Filing of international applications with the Registry.

   23E.   The Registry as designated office.

   23F.   The Registry as elected office.

   23G.   National processing.

   23H.   Entering national.

   23I.   Failure to enter national phase.

   23J.   Processing international applications in accordance with Treaty.

   23K.   Effect of international publication of international applications.

   23L.   Subsequent amendments to Treaty.

PART V
RIGHTS AND OBLIGATIONS.

   24.   Obligations of owner.

   25.   Rights of owner.

   26.   Infringement.

   27.   Scope of protection.

   28.   Limitation.

   29.   Exploitation by the Government or persons authorised by the Government.

   30.   Compulsory licences.

   31.   Term of patent.

   32.   Annual maintenance fees.

   33.   Change in ownership.

   34.   Joint ownership.

PART VI
SURRENDER, INVALIDATION AND REVOCATION OF PATENTS.

   35.   Surrender of patent.

   36.   Invalidation and revocation.

PART VII
CONTRACTUAL LICENCES.

   37.   Licence contracts.

   38.   Rights of licensee.

   39.   Prohibited terms in licence contracts.

   40.   Registration and certificates.

PART VIII
UTILITY CERTIFICATES.

   41.   Utility certificate.

   42.   Special provisions relating to utility certificates.

   43.   Duration and expiry of utility certificates.

   44.   Conversion of patent application to application for a utility certificate or vice versa.

PART IX
GENERAL PROVISIONS.

   45.   Jurisdiction.

   46.   Regulations.

   47.   Transitional savings and provisions.

CHAPTER 216
PATENTS ACT.

Commencement: 15 October, 1993.

   An Act to provide for the grant, registration and protection of patents and for other purposes incidental thereto.

PART I
INTERPRETATION.

1.   Interpretation.

   In this Act, unless the context otherwise requires—

   (a)   "ARIPO Office" means the secretariat managing the African Regional Industrial Property Organisation (ARIPO), formerly known as the Industrial Property Organisation, for English-speaking Africa (ESARIPO) established by the Lusaka Agreement of December 9th">, 1976, as amended;

   (b)   "ARIPO Protocol" means the Protocol on Patents and Industrial Designs within the Framework of the African Regional Industrial Property Organisation (ARIPO), concluded on December 10th">, 1982, at Harare;

   (c)   "foreign application" means an application for a patent which has been filed in a national patent office of a country other than Uganda, or in a regional industrial property office acting on behalf of that country;

   (d)   "Minister" means the Minister responsible for the supervision of the patents registry;

   (e)   "Paris Convention" means the Paris Convention for the Protection of Industrial Property signed on 3rd"> March, 1883, as last revised;

   (f)   "register" means the register of patents maintained under section 4;

   (g)   "registrar" means the registrar of patents appointed under section 2;

   (h)   "registry" means the patents registry referred to in section 3.

PART II
THE PATENTS REGISTRY.

2.   Officers.

   The Minister may appoint—

   (a)   the registrar of patents who shall supervise the performance of the duties and functions of a registry under this Act;

   (b)   Assistant or Deputy registrar who shall, subject to the direction of the registrar, have all the powers conferred by this Act on the registrar; and

   (c)   examiners or other officers as may be necessary for carrying out the provisions of this Act.

3.   Patents registry.

   There shall be an office known as the patents registry with all functions relating to the procedure for the grant of patents and, in addition, shall—

   (a)   register licence contracts, contracts assigning the right to a patent and contracts assigning patents, and patent applications;

   (b)   provide patent information services to the public and maintain links with users and potential users of patent information;

   (c)   act as the industrial property office of Uganda for the purposes of applications filed under the ARIPO Protocol; and

   (d)   perform any other functions that the Minister may by regulations prescribe.

4.   Register of patents.

   (1) The registrar shall maintain a register of patents in which shall be recorded all patents granted, numbered in the order of grant, and, in respect of each patent, where appropriate, its lapse for nonpayment of annual fees, and all transactions to be recorded by virtue of this Act or regulations made under it.

   (2) The Minister may make regulations prescribing the form of register to be maintained under this section.

   (3) The register shall be prima facie evidence of all matters contained in it as required by law, and any person, upon payment of the prescribed fee, may search the register or obtain extracts from it.

   (4) Notwithstanding the repeal of the Patents Act, Cap. 82 of the 1964 Revision, a register kept in pursuance of that Act shall be deemed to be part of the register kept in pursuance of this Act.

5.   Administrative instructions.

   The registrar may, in conformity with the provisions of this Act, issue administrative instructions relating to the procedure for the grant of patents and the administration of granted patents as well as other functions of the registry.

6.   Restrictions concerning patent officials.

   (1) A registrar, Assistant or Deputy registrar of patents or any other official of the registry shall not file an application for a patent, or be granted a patent or hold any rights relating to a patent.

   (2) With respect to information which has come to his or her knowledge in the course of his or her duties, an official of the patents registry shall not, even after the termination of his or her employment, make use of, communicate or divulge to any person, otherwise than in the performance of his or her duties under this Act, the contents of any document, communication or information which by its nature is a professional secret.

   (3) A person who contravenes subsection (2) commits an offence and is liable on conviction to imprisonment for a term not exceeding seven years.

PART III
PATENTABILITY.

7.   Definition of invention.

   (1) For the purposes of this Act, "invention" means a solution to a specific technological problem and may be or may relate to a product or process.

   (2) The following shall not be regarded as inventions within the meaning of subsection (1)—

   (a)   discoveries and scientific and mathematical theories;

   (b)   plant or animal varieties or essentially biological processes for the production of plants or animals, other than biological processes and the products of those processes;



PATENTS ACT.

ARRANGEMENT OF SECTIONS.

   Section

PART I
INTERPRETATION.

   1.   Interpretation.

PART II
THE PATENTS REGISTRY.

   2.   Officers.

   3.   Patents registry.

   4.   Register of patents.

   5.   Administrative instructions.

   6.   Restrictions concerning patent officials.

PART III
PATENTABILITY.

   7.   Definition of invention.

   8.   Patentable invention.

   9.   Novelty.

   10.   Inventive step.

   11.   Industrial application.

   12.   Temporary exclusion from patentability.

PART IV
APPLICATION, GRANT, REFUSAL OF GRANT.

   13.   Application.

   14.   Unity of invention.

   15.   Amendment and division of application.

   16.   Right of priority.

   17.   Information on corresponding foreign applications and grants.

   18.   Withdrawal of application.

   19.   Filing date and formal examination.

   20.   Search and substantive examination.

   21.   Grant, registration and publication of patent.

   22.   Appeals.

   23.   ARIPO patents.

PART IVA
INTERNATIONAL APPLICATIONS UNDER THE PATENT CO-OPERATION TREATY.

   23A.   Interpretation.

   23B.   Filing date and effects of international application designating Uganda.

   23C.   Receiving office.

   23D.   Filing of international applications with the Registry.

   23E.   The Registry as designated office.

   23F.   The Registry as elected office.

   23G.   National processing.

   23H.   Entering national.

   23I.   Failure to enter national phase.

   23J.   Processing international applications in accordance with Treaty.

   23K.   Effect of international publication of international applications.

   23L.   Subsequent amendments to Treaty.

PART V
RIGHTS AND OBLIGATIONS.

   24.   Obligations of owner.

   25.   Rights of owner.

   26.   Infringement.

   27.   Scope of protection.

   28.   Limitation.

   29.   Exploitation by the Government or persons authorised by the Government.

   30.   Compulsory licences.

   31.   Term of patent.

   32.   Annual maintenance fees.

   33.   Change in ownership.

   34.   Joint ownership.

PART VI
SURRENDER, INVALIDATION AND REVOCATION OF PATENTS.

   35.   Surrender of patent.

   36.   Invalidation and revocation.

PART VII
CONTRACTUAL LICENCES.

   37.   Licence contracts.

   38.   Rights of licensee.

   39.   Prohibited terms in licence contracts.

   40.   Registration and certificates.

PART VIII
UTILITY CERTIFICATES.

   41.   Utility certificate.

   42.   Special provisions relating to utility certificates.

   43.   Duration and expiry of utility certificates.

   44.   Conversion of patent application to application for a utility certificate or vice versa.

PART IX
GENERAL PROVISIONS.

   45.   Jurisdiction.

   46.   Regulations.

   47.   Transitional savings and provisions.

CHAPTER 216
PATENTS ACT.

Commencement: 15 October, 1993.

   An Act to provide for the grant, registration and protection of patents and for other purposes incidental thereto.

PART I
INTERPRETATION.

1.   Interpretation.

   In this Act, unless the context otherwise requires—

   (a)   "ARIPO Office" means the secretariat managing the African Regional Industrial Property Organisation (ARIPO), formerly known as the Industrial Property Organisation, for English-speaking Africa (ESARIPO) established by the Lusaka Agreement of December 9th">, 1976, as amended;

   (b)   "ARIPO Protocol" means the Protocol on Patents and Industrial Designs within the Framework of the African Regional Industrial Property Organisation (ARIPO), concluded on December 10th">, 1982, at Harare;

   (c)   "foreign application" means an application for a patent which has been filed in a national patent office of a country other than Uganda, or in a regional industrial property office acting on behalf of that country;

   (d)   "Minister" means the Minister responsible for the supervision of the patents registry;

   (e)   "Paris Convention" means the Paris Convention for the Protection of Industrial Property signed on 3rd"> March, 1883, as last revised;

   (f)   "register" means the register of patents maintained under section 4;

   (g)   "registrar" means the registrar of patents appointed under section 2;

   (h)   "registry" means the patents registry referred to in section 3.

PART II
THE PATENTS REGISTRY.

2.   Officers.

   The Minister may appoint—

   (a)   the registrar of patents who shall supervise the performance of the duties and functions of a registry under this Act;

   (b)   Assistant or Deputy registrar who shall, subject to the direction of the registrar, have all the powers conferred by this Act on the registrar; and

   (c)   examiners or other officers as may be necessary for carrying out the provisions of this Act.

3.   Patents registry.

   There shall be an office known as the patents registry with all functions relating to the procedure for the grant of patents and, in addition, shall—

   (a)   register licence contracts, contracts assigning the right to a patent and contracts assigning patents, and patent applications;

   (b)   provide patent information services to the public and maintain links with users and potential users of patent information;

   (c)   act as the industrial property office of Uganda for the purposes of applications filed under the ARIPO Protocol; and

   (d)   perform any other functions that the Minister may by regulations prescribe.

4.   Register of patents.

   (1) The registrar shall maintain a register of patents in which shall be recorded all patents granted, numbered in the order of grant, and, in respect of each patent, where appropriate, its lapse for nonpayment of annual fees, and all transactions to be recorded by virtue of this Act or regulations made under it.

   (2) The Minister may make regulations prescribing the form of register to be maintained under this section.

   (3) The register shall be prima facie evidence of all matters contained in it as required by law, and any person, upon payment of the prescribed fee, may search the register or obtain extracts from it.

   (4) Notwithstanding the repeal of the Patents Act, Cap. 82 of the 1964 Revision, a register kept in pursuance of that Act shall be deemed to be part of the register kept in pursuance of this Act.

5.   Administrative instructions.

   The registrar may, in conformity with the provisions of this Act, issue administrative instructions relating to the procedure for the grant of patents and the administration of granted patents as well as other functions of the registry.

6.   Restrictions concerning patent officials.

   (1) A registrar, Assistant or Deputy registrar of patents or any other official of the registry shall not file an application for a patent, or be granted a patent or hold any rights relating to a patent.

   (2) With respect to information which has come to his or her knowledge in the course of his or her duties, an official of the patents registry shall not, even after the termination of his or her employment, make use of, communicate or divulge to any person, otherwise than in the performance of his or her duties under this Act, the contents of any document, communication or information which by its nature is a professional secret.

   (3) A person who contravenes subsection (2) commits an offence and is liable on conviction to imprisonment for a term not exceeding seven years.

PART III
PATENTABILITY.

7.   Definition of invention.

   (1) For the purposes of this Act, "invention" means a solution to a specific technological problem and may be or may relate to a product or process.

   (2) The following shall not be regarded as inventions within the meaning of subsection (1)—

   (a)   discoveries and scientific and mathematical theories;

   (b)   plant or animal varieties or essentially biological processes for the production of plants or animals, other than biological processes and the products of those processes;*

   (c)   schemes, rules or methods for doing business, performing purely mental acts or playing games;

   (d)   methods for treatment of the human or animal body by surgery or therapy as well as diagnostic methods, but the restriction under this paragraph shall not apply to products for use in any of these methods; and

   (e)   mere presentation of information.

8.   Patentable invention.

   An invention is patentable if it is new, involves an inventive step and is industrially applicable.

9.   Novelty.

   (1) An invention is new if it is not anticipated by prior art.

   (2) Everything made available to the public anywhere in the world by means of written disclosure, including drawings and other illustrations, or by oral disclosure, use, exhibition or other nonwritten means shall be considered prior art if the making available is one which has occurred before the date of filing of the application or, if priority is claimed, before the priority date validly claimed in respect of it.

   (3) The disclosure to the public of the invention shall not be taken into consideration if it occurred within 12 months preceding the date on which the application was filed and if it was by reason or in consequence of—

   (a)   acts committed by the applicant or his or her predecessor in title; or

   (b)   an abuse committed in relation to the applicant or his or her predecessor in title.

10.   Inventive step.

   An invention is considered as involving an inventive step if, having regard to the prior art within the meaning of section 9, it would not have been obvious to a person skilled in the art, on the date of the filing of the application or, if priority is claimed, on the priority date validly claimed in respect of it.

11.   Industri

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