Patents Act, 2003 (ACT 657)
Section 5: (1) An application for the registration of a patent shall be filed with the Registrar and shall contain a request, a description, one or more claims, one or more drawings where required, and an abstract.
(2) The application shall be subject to the payment of the prescribed application fee.
(3) The request shall contain a petition to the effect that a patent be granted, the name of and other prescribed data concerning the applicant, the inventor and the agent, if any, and the title of the invention.
(4) Where the applicant is not the inventor, the request shall be submitted with a statement justifying the applicant's right to the patent.
(5) The description shall disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person having ordinary skill in the art, and shall, in particular, indicate, at least, one mode known to the applicant for carrying out the invention.
(6) The claim or claims shall define the matter for which protection is sought.
(7) Claims shall be clear and concise and shall be fully supported by the description.
(8) Drawings shall be required when they are necessary for the understanding of the invention.
(9) The abstract shall merely serve the purpose of technical information; in particular, it shall not be taken into account for the purpose of interpreting the scope of the protection.
(10) The applicant may, up to the time when the application is in order for grant, withdraw the application at any time during its pendency.
Procedure to Follow
A Patent application is filed with the prescribed fees which must contain: a description, claims, abstract or drawings where applicable
The application is acknowledged with a filing date and application number
Power of attorney if applicable; where applicant is a foreigner or foreign entity based outside the jurisdiction
Formality examination is conducted by the Patent Registry to ensure that all the formal requirements in respect of fees and information required are provided
A Search and Substantive examination is subsequently conducted for the invention claimed in the application/ request
The application is Refused where it does not meet the patentability requirement as provided by the Patent Act
The application is Granted where it meets the patentability requirement in accordance with the Patent Act
The application is Published in the Industrial and Commercial Bulletin
A certificate is issued for the patent
In order to maintain the patent or patent application, an annual fee shall be paid in advance to the Registrar for each year, starting one year after the filling date of the application
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Responsible Institution
- Email: info@rgd.gov.gh
- Website: https://www.rgd.gov.gh
- GPS: GA-143-4647
- Telephone: +233 302 664 691-93
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