Guidelines for the examination of patents, Utility models, and Industrial Designs are intentioned to provide guidance in the practice and procedure to be followed in processing industrial property applications for the grant and registration of patents, utility models and industrial designs in accordance with the Industrial Property Act 2001(the Act) and the Industrial Property Regulations 2002 (the Regulations).
The Guidelines are not intended to, and cannot, add to or subtract from the provisions of the Act or the Regulations. They are meant to assist the examiners and other Patent Division Staff to consistently apply the Act and the Regulations. However, they cannot be expected to cover all possible situations. The Guidelines are in essence the first step on the long journey of continuous improvement and towards establishment of standards for processing industrial property rights applications in the Institute. The Guidelines will be adapted where necessary to reflect the results of a learning process. More so decisions made by the Managing Director, Industrial Property Tribunal and High Court as provided for in the Industrial Property Act and the Regulations may serve to elaborate and enrich these guidelines.
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