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which has occurred in the meanwhile, in particular by another deposit, the
publication of the invention or its exploitation.
Section 4: Patent applications filed abroad
Article 35: Anyone wishing to claim a filing of a prior application concerning the same
invention as the one claimed in the application filed in Burundi must produce:
1. a document indicating the date and number of the filing made abroad;
2. a copy of all communications received by the applicant relating to the results
of any search or any examination made in relation to the foreign application;
3. a copy of the patent granted on the basis of the foreign application;
4. a copy of any final decision rejecting the foreign application or the request for
grant made in the foreign application;
5. a copy of any final decision revoking the patent granted on the basis of the
foreign application.
Section 5: Date of filing
Article 36: The Industrial Property Director shall assign as the date of filing the date of
receipt of the application, provided it contains:
1. an express or implicit indication that the grant of a patent has been applied
for;
2. the applicant’s identity;
3. the description of an invention and one or more claims indicating the
characteristic elements of the invention;
4. proof of payment of the prescribed fees.
Article 37: In the event that the Industrial Property Director notes, upon receiving a filing
application, that it does not meet the conditions set out in Article 36, he shall
invite the applicant to make the necessary correction and shall assign as the date
of filing the date of receipt of the required correction.
Nevertheless, if no correction is made, the application shall be deemed not to
have been filed.
Article 38: In the event that the application refers to drawings that have not been included,
the Industrial Property Director shall invite the applicant to furnish the missing
drawings. If the applicant complies, the Industrial Property Director shall assign
the date of receipt of said drawings as the date of filing.