The Industrial Property Act, 2001
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institution not later than the date of filing of the application;
(b) the application as filed gives such relevant information as is available to
the application on the characteristics of the micro-organism; and
(c) the depository institution and the file number of the culture deposit are
stated in the application.
(2) The information referred to in paragraph (b) subsection (1) may be
submitted within a period of sixteen months after the date of filing of the
application or, if priority is claimed, after the priority date.
(3) The deposited culture shall be made available upon request of any person
having the right to inspect the files.
(4) If a deposited micro-organism ceases to be available from the institution
with which it was deposited because:(a) the micro-organism is no longer viable, or
(b) for any other reason the depository institution is unable to supply
samples, and if the micro-organism has not been transferred to another
depository institution from which it continues to be available, an interruption
in availability shall not be deemed to have occurred if a new deposit of the
micro-organism originally deposited is made within a period of three months
from the date on which the depositor was notified of the interruption by the
depository institution and a copy of the receipt of the deposit issued by the
institution is forwarded to the Institute within four months from the date of
the new deposit stating the number of the application or of a patent.
(5) A new deposit shall be accompanied by a statement signed by the
depositor indicating that the newly deposited micro-organism is the same as
originally deposited.
PART IV - RIGHT TO INVENTIONS AND
NAMING OF INVENTOR
Right to a patent
30. (1) Subject to this section, the right to a patent shall belong to the
inventor.
(2) If two or more people have jointly made an invention the right to the
patent belongs to them jointly.
(3) If and to the extent to which two or more persons have made the same
invention independently of each other, the person whose application has the
earliest filing date, or if priority is claimed, the earliest validly claimed
priority date that leads to the grant of a patent shall have the right to the
patent.
(4) the right to a patent may be assigned or may be transferred by