22
Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
without such participation, but where it appears to the Tribunal to be just and equitable,
the Tribunal may order the payment of compensation to the non-participating person.
(3)
In any order declaring that a person has a right to the exclusion of any
other person to apply for or to be the owner of a patent, the Tribunal may direct that such
other person executes any deed of assignment that may be required and that such deed
of assignment may extend to countries outside Namibia.
PART 3
APPLICATION PROCEDURE
Who may apply for a patent
23.
An application for a patent may be filed –
(a)
by the inventor or inventors;
(b)
by a person who has acquired the right to apply from the inventor by
operation of law;
(c)
by both the inventor and the person referred to in paragraph (b); or
(d)
by an agent duly authorised to act on behalf of any of the persons
referred to in paragraphs (a) to (c).
Application for a patent
24.
(1)
The application for a patent must be filed with the Registrar in
the manner prescribed and must contain –
(a)
a written request;
(b)
a specification comprising of -
(i)
a description;
(ii)
one or more claims;
(iii)
one or more drawings, where required; and
(c)
an abstract.
(2)
Where the subject matter of a patent application is derived from or
developed with biological resources or associated indigenous or traditional knowledge,
the applicant must disclose in the application for a patent the country providing
the resources or associated indigenous or traditional knowledge, from whom in the
providing country they were obtained, and, as known after reasonable inquiry, the
country of origin and any other information regarding the source or nature of the
resources as may be prescribed.