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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.

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