This is the version of this Statute as it was from 31 December 2000 to 4 April 2002. Read the latest available version.
Related documents
- Is amended by Patents (Amendment) Act, 2002
- Is amended by National Agricultural Research Act, 2005
Uganda
Patents Act
Chapter 216
- Commenced on 15 October 1993
- [This is the version of this document as it was at 31 December 2000 to 4 April 2002.]
- [Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
Part I – Interpretation
1. Interpretation
In this Act, unless the context otherwise requires—Part II – The patents registry
2. Officers
The Minister may appoint—3. Patents registry
There shall be an office known as the patents registry with all functions relating to the procedure for the grant of patents and, in addition, shall—4. Register of patents
5. Administrative instructions
The registrar may, in conformity with the provisions of this Act, issue administrative instructions relating to the procedure for the grant of patents and the administration of granted patents as well as other functions of the registry.6. Restrictions concerning patent officials
Part III – Patentability
7. Definition of invention
8. Patentable invention
An invention is patentable if it is new, involves an inventive step and is industrially applicable.9. Novelty
10. Inventive step
An invention is considered as involving an inventive step if, having regard to the prior art within the meaning of section 9, it would not have been obvious to a person skilled in the art, on the date of the filing of the application or, if priority is claimed, on the priority date validly claimed in respect of it.11. Industrial application
An invention is considered industrially applicable if, according to its nature, it can technologically be made or used in any kind of industry.12. Temporary exclusion from patentability
The Minister may, in the public interest, by statutory instrument, exclude from patentability, inventions concerning certain kinds of products or processes for the manufacture of those products, for a period not exceeding two years.Part IV – Application, grant, refusal of grant
13. Application
14. Unity of invention
The application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept.15. Amendment and division of application
16. Right of priority
17. Information on corresponding foreign applications and grants
18. Withdrawal of application
The applicant may, at any time before the grant of a patent or the notification of rejection of the application or of refusal to grant a patent, withdraw the application, but he or she shall, if he or she does so, forfeit the filing fee.19. Filing date and formal examination
20. Search and substantive examination
21. Grant, registration and publication of patent
22. Appeals
An applicant may appeal to the High Court against a decision by the registrar—23. ARIPO patents
A patent granted to an applicant by the ARIPO Office in accordance with the ARIPO Protocol and in respect of which Uganda is a designated State shall, with the necessary modifications, have the same effect and enjoy the same protection in Uganda as a patent granted under this Act; but a patent so granted shall not have legal effect or protection in Uganda where the registrar has made a written communication to the ARIPO Office, in accordance with the ARIPO Protocol, that the patent shall have no effect in Uganda.Part V – Rights and obligations
24. Obligations of owner
The owner of a patent shall have the following obligations—25. Rights of owner
26. Infringement
27. Scope of protection
The scope of protection under the patent shall be determined by the terms of the claims, but where these are inadequate, the drawings and the description included in the patent may be used to interpret the claims.28. Limitation
The rights of an owner of a patent shall extend only to the use of the patented invention for industrial or commercial purposes, but those rights shall not be deemed to be infringed by the following—29. Exploitation by the Government or persons authorised by the Government
30. Compulsory licences
31. Term of patent
32. Annual maintenance fees
33. Change in ownership
34. Joint ownership
In the absence of any agreement to the contrary between the parties, joint owners of an application or a patent may—Part VI – Surrender, invalidation and revocation of patents
35. Surrender of patent
36. Invalidation and revocation
Part VII – Contractual licences
37. Licence contracts
38. Rights of licensee
In the absence of provisions in the licence contract to the contrary, the licensee shall be entitled to do, in respect of the invention, any of the acts specified in section 25, but he or she may not grant permission to a third party to do any of those acts in respect of the patented invention.39. Prohibited terms in licence contracts
40. Registration and certificates
Part VIII – Utility certificates
41. Utility certificate
42. Special provisions relating to utility certificates
43. Duration and expiry of utility certificates
A utility certificate shall expire, without any possibility of renewal, at the end of the seventh year after the date of grant of the application; but the court may, before the utility certificate expires, and in proceedings under section 36, invalidate and revoke a utility certificate on any of the grounds under that section.44. Conversion of patent application to application for a utility certificate or vice versa
Part IX – General provisions
45. Jurisdiction
46. Regulations
The Minister may, by statutory instrument, make regulations prescribing anything which under this Act is to be prescribed by the regulations and generally, for better carrying out the objects and purposes of this Act, or to give force or effect to its provisions or for its better administration.47. Transitional and savings provisions
A patent registered in Uganda under the Patents Act, Cap. 82, 1964 Revision, which was in force immediately before the commencement of this Act, shall continue in force and confer the same rights and privileges as if granted and registered under this Act, until its natural life in law expires; and the remainder of its natural life shall continue to run as if this Act had not been enacted.History of this document
21 November 2005
05 April 2002
Amended by
Patents (Amendment) Act, 2002
Read this version
31 December 2000 this version
Consolidation
15 October 1993
Commenced