4. The number and date of the original application must be indicated in the request contained in
the divisional application, in addition to the elements required under Article 5(2)(a) of the
Industrial Property Law.
Article 3
1. Applications for patents for inventions may be examined on the basis of search reports
prepared by similar Industrial Property bodies. However, the decision to grant or refuse
patents lies exclusively with the Director of Industry of Sao Tome and Principe, after the
National Industrial Property Service has issued an expert opinion.
2. The granting of patents for inventions shall involve a simple legal presumption of the novelty
and inventive step of the subject of the invention.
Article 4
Patents for inventions shall be refused:
(a) where the subject matter of the invention has been excluded from patentability in accordance
with the provisions included in Article 2(3)(a), (b) and (c) of the Industrial Property Law;
(b) where the subject matter of the invention violates the conditions for patentability stipulated in
Article 3(1) of the Industrial Property Law;
(c) where the provisions of Article 3(5) of the Industrial Property Law apply to the subject matter
of the invention;
(d) should it be ascertained that there has been a violation of the provisions of Article 5(2)(b) of
the Industrial Property Law;
(e) where the applicant fails to comply, within three months starting from the date of the letter,
with any notification issued under Article 30 of the Industrial Property Law;
(f) where the claimant does not pay the fees required in light of the application of the Industrial
Property Law and in harmony with the values stipulated in the present Regulation.
Article 5
1. Public disclosure of applications for patents for inventions in the Official Bulletin shall take
place 18 months after the date of priority claimed, or if there is no priority claim, 18 months
after the date of the filing of the application.
2. The publication of the invention summary and of the chemical formulae, or the figures which
accompany it, shall be deemed to be public disclosure of the patent application, pursuant to
Article 1(e)(iv) of the present Law.
Article 6
1. Mentions of the grants of patents for inventions must not be published prior to the expiry of
the complaint period, which shall be of three months starting from the date of publication of
the relevant application in the Industrial Property Bulletin.
2. In the event of a complaint being lodged against the grant of a patent, the National Industrial
Property Service shall immediately notify the applicant, giving him a time period of three
months, from the date of notification, in which to submit a response. Once the response has
been received, or once the abovementioned time period has expired, the National Industrial
Property Service may proceed with the publication of the mention of the grant or refusal.
3. The documentation presented in the complaint and in the response shall be provided in
duplicate.
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