Section 14: Application

14. Application (1) An application for a patent shall be— (a) made in the prescribed form; (b) filed with the Controller in such manner as may be prescribed under this Act; and P4 – 8 [Issue 1] Revised Laws of Mauritius (c) subject to payment of the prescribed fee. (2) An application for a patent shall contain— (a) a request which includes— (i) a petition to the effect that a patent be granted; (ii) the name of and other prescribed data concerning the applicant, the inventor and the agent, if any; (iii) the title of the invention; (b) a description of the invention, any claim and any drawing and an abstract; (c) where the applicant is not the inventor, a statement justifying the applicant’s right to the patent; and (d) where the applicant’s ordinary residence or principal place of business is outside Mauritius, an address within Mauritius for service of any document. (3) Any description referred to in subsection (2) (b) shall disclose the invention in a manner which is sufficiently clear and complete for the invention to be carried out by a person having ordinary skill in the art, and shall, in particular, indicate at least one mode known to the applicant for carrying out the invention. (4) Any claim shall— (a) define the matter for which protection is sought; (b) be clear and concise and fully supported by the description. (5) The description and the drawings in respect of any patent may be used to interpret any claim under subsection (4). (6) Any abstract referred to in subsection (2) (b) shall be used for technical information only and shall not be taken into account for the purpose of interpreting the scope of the protection. (7) Any applicant may, before the application is granted, withdraw the application on payment of a prescribed fee.