Patent Regulations, 1996 (LI 1616)Regulation 8—Micro-organisms.(1) Where the contents of an application for a patent discloses an invention which requires for its performance the use of a microorganism which is not available to the public at its date of filing, its contents shall be treated as disclosing the invention in a manner which is clear and complete enough for the invention to be performed by a person skilled in the art if the following conditions are satisfied—(a) a culture of the microorganism has been deposited in a culture collection not later than the date of filing the application;(b) the application as filed gives the relevant information as is available to the applicant on the characteristics of the microorganism; and(c) the name of the culture collection, the date when the culture was deposited and the accession number of the deposit are given in the description of the application.(2) Where the information is given as specified in sub-regulation (1) that information shall be considered as constituting the unreserved and irrevocable consent of the applicant to the culture deposited being made available to any person who, on or after the date of the publication of the application, makes a valid request for the culture collection with which the microorganism is deposited.(3) A request for the information shall be valid if it is accompanied by the Registrar's certificate authorizing the release of the sample to that person. An application for such a certificate shall be submitted to the Registrar, accompanied by the prescribed fee, on Form No. 3 in the First Schedule[sic] together with—(a) an undertaking not to make the culture available to any other person until the application for the patent is refused or withdrawn or been considered to be withdrawn or, if a patent is granted, until it ceases to have effect without the possibility of renewal or restoration; and(b) an undertaking to use the culture for experimental purposes only until the application is refused or withdrawn or deemed to be withdrawn or until the date of publication in the Gazette that the patent has been granted.(3) The Registrar shall send a copy of Form No. 3 in the Second Schedule to the applicant or owner of the patent. |
Procedures to FollowNot Avaiable |
Responsible InstitutionOffice of the Attorney-General & Ministry of Justice
Accra |
Relevant Forms to Download |
Fees / ChargesNot Avaiable |