Negarit Caseta -
11. First
1.
10
No. 25 -
lOth May 1995
Page 221
File Rule and Right of Priority
When two or more persons who have independently
made the same invention separately file applications
for patents on the same subject matter, the right to
the patent shall belong to the person
first application.
2.
who filed the
Subject to the principle of reciprocity or, where appli
cable, in accordance with any treaty which Ethiopia
may he a party, where any foreign applicant files his
application in Ethiopia within twelve months from the
date which he first filed in a foreign country an ap
plication Ior the same invention. the date on which
the application WIllS first filed i!ll the foreign country
shall he regarded as the date of filing if the applicant
claims the right of priority and furnishes within the
prescribed time limit a copy of the earlier application
certified as correct by the office with which it was
filed and other documents and information as pre·
Rm·;h..d.
12. Piling Date
1. The Commission shall accord as the filing date the
date of receipt of the application, provided thet, at the
time of receipt. the application contains:
a) an e:xpress or impliciit indication that the grant
ing of a patent is sought;
b) indications allowing the identity of the applicant
to be established;
c)
a part which, on the face of it. appears to be a
description of an invention;
2.
If the Commission finds that the application did not,
at ¢he time of receipt, fulfill the requirements referred
to in sub-article (1), herein above it shall invite the
applicant to file the required correction and shall
accord as the filing date the date of receipt of !the
required correction, but if no correction is made, the
application shall be treatd as if it had not been filed.
3.
Where the application refers to drawings which in
fact are 110t included in the application the Commis
sion shall invite the applicant to furnish the missing
drawings. If the applicant complies with the said in
vitation, the Commission shall accord as the filing
date the date of receipt of the IDlssmg drawings.
Otherwise, the Commission shall accord as the filing
date the date of receipt of the application and shall
treat any reference to /the said drawings as non
existent.
13. Examination of Application
1. The Commission shall undertake a formal examina
tion of the application.
2.
When, upon formal examination, the application is
not in conformity with the requirements laid down in
this proclamation and in the regulations, the Com
mission shall call upon the applicant to amend the
application. If the applicant fails to amend as requir
ed within a period of two months. the application
shall he considered withdrawn.