WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPIN!lIGHAlPI1 
27 February 2002 
(02-0978) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
GHANA 
The present document reproduces the text! of the Patent Law, 1992, as notified by Ghana 
under Article 63.2 of the Agreement (see document IP/N/lIGHA/1). 
ConseH des aspects des droits de propriete 
inteHectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
GHANA 
Le present document contient le texte1 de la Loi de 1992 sur les brevets, notifiee par le Ghana 
au titre de l'article 63:2 de l'Accord (voir le document IP/N/lIGHAIl). 
Consejo de los Aspectos de los Derechos de Propiedad 
Inteiectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
GHANA 
En el presente documento se reproduce el textoI de la Ley de Patentes de 1992, notificado por 
Ghana de conforrnidad con 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IP/N/1/GHAI1). 
1 In English only.lEn anglais seulement.!En ingles solamente. JP INn IGHA/P 11 
Page 2 
P ATENT LAW, 1992 
ARRANGEMENT OF SECTIONS 
PART I-PATENT ABILITY 
1. Definition of invention 
2. Patentable inventions 
3. Novelty 
4. : lliventive step 
5. Industrial application 
6. Prohibition by law, public order or morality 
7. Temporary exclusion from pate:ntability P.N.D.C.L. ~m. 
~vS-A 
PART If-RIGHT TO PATENT AND NAMING OF INVENTOR 
8. Right to patent 
9. Unauthorised application based on invention of another 
person. 
10. Inventions made in execution of a Commission or by employee 
11. Naming of in venior 
PART III--APPLICATION FOR PATENT AND REFUSAL OF PATENT 
12.t Application for patent 
13. Unity of invention 
14. Amendment and division of application 
15. Right of priority 
16. Information concerning corresponding foreign applications 
and grants. 
17. Withdrawal of application 
18. Filing date and examination of application as to form 
19. International-type search 
20. Search and examination as to substance 
21. Grant, registration and publication of patent 
22. Appeals P ART IV ......... INTERNATIONAL ApPLICATIONS 
Section 
23. Interpretation for Part IV 
24. Functions of the Registrar's Office rp!N!] IGHA!P!1 
Page 3 
25. Unsearched or unexamined international applications or 
parts thereof; obvious lack of novelty. 
26. Provisional protection of published international application 
PART V-RIGHTS AND OBLIGATIONS OF THE APPLICANT OR THE 
OWNER OF THE PATENT 
27. Rights and obligations of applicant 
28. Rights of patent owner 
29. Scope of protection 
30. Limitation of rights 
PART VI-TBRM OF PATENT AND ANNUAL FEES 
31. Term of patent and extension 
32. Annual fees 
PART VII-CHANGE IN OWNERSHIP AND JOINT OWNERSHIP 
OF ApPLICATION AND PATENTS 
33. Change in ownership of application and patents 
34. Joint ownership ofapplicatiolls and patents 
PART VIII-CONTRACTUAL LICENCES 
35. Interpretation for Part VIII 
36. Rights of licensee 
37. Right of licensor to grant further licences and use invantion 
38. Effect of patent not being granted or bein.g invalidated 
39. Form oflicellce contracts 
40. Petition for registration 
41. Prohibited terms in licence contracts 
42. Registration of contracts 
43. Confidentiality of licence contract 
44. Remedies 
PART IX~CoMPutsORY LICENCES 
45. Compulsory licences for non-working and similar reasons 
46. Compulsory licences based upon the interdependence of 
patents. lP/Nil fORA/PI J 
Page 4 
47. Compulsory licences for products and processesdec1ared to 
be of vital importance. 
48. Preconditions to grant of compulsory licences 
49. Grant and terms of compulsory licences 
50. Transfer of compulsory licences 
51. Cancellation of compulsory licences and variation of terms 
52. Registration of grant, cancellation or variation of terms of 
compulsory licence. 
PART X~LICENCES OF RIGHT 
53. Licences of right 
PART XI-ExpLOITATION OF PATENTED INVENTIONS BY GOVERN­
MENT OR THIRD PERSONS AUTHORISED BY GOVERNMENT 
54. Exploitation of patented inventions by Government or third 
persons authorised by Government. 
PART XII-SURRENDER, INVALIDATION AND REVOCATION OF 
PATENTS 
55. Surrender of patents 
56. Invalidation of patent 
57. Effect of invalidation 
PART XIII--INFRINGEMENT OF PATENTS 
58. Acts constituting infringement 
59. Reliefs 
60. Declaration of non~fringement 
61. Threat of infrh"'lgement proceedings 
62. Presumption of use of patented process 
63. Legal proceedings by licensee 
PART XIV-UTILITY CERTIFICATES 
64. Application of provisions relating to patents to utility certi­
ficates. 
65. Special provisions relating to utility certificates 
66. Conversion of patent applications to applications for utility 
certificates. PART XV-MISCELLANEOUS PROVISIONS 
61. The Registrar and the register. 
68. Inspection "offiles 
69. Patent"Policy Committee 
70. Patents Tribunal 
71. Court of competent jurisdiction 
72. Penalty for intentional infringement 
73. Interpretation 
74. Power to make regulations 
75. Transitional and saving provisions 
16. Repeals 
77. Commencement IPINlllGHA/P/l 
Page 5 IP/NI1IGHA/P/] 
Page 6 
IN pursuance of the Provisional National Defence· Council (Estab­
lishment) Proclamation, 1981 this LaW is hereby made: 
PART I-PATENTABILITY 
1. (1) For the purposes of this Law, "invention" means a solution pefini~ion of 
to a specific problem in the field-oftechnolo!;y. InVentIOn. 
(2) An invention may be, or may re.1ate to, a product or a 
process. 
(3) The following shall not be regarded as inventions wl$in 
the meaning of subsection (1) of this section-
(a) discoveries, scientific and mathemCl.tical theories; 
(b) plant or animal varieties or essentially biological 
processes for the production of plants or animals, 
otber than microbiological processes and the products 
of such processes; 
(c) schemes, rules or methods for doing business, perfoI::11l?' 
ing purely mental acts or playing games; 
(d) methods of treatment of the human or animal bOdy 
by surgery or therapy, as well as diagnostic meth04s,; 
this provision shall not apply to products for use in 
any of these methods; 
(e) mere presentation of information; 
(j) computer programmes. 
2. An invention is patentable if it is new, involves an inventive ~a.teJ~~aple 
step and is industrially applicable. InVentIOns. 
3. (1) An invention is new if it is notanticipJ:!..ted by prior a~.t. Novelty •. 
(2) Everything made available to the public anywhere in the 
world by means of written disclosure (including drawings and other 
illustrations) or by oral disclosure, use, exhibition or other 
non~written means shall be considered prior art provided that such 
disclosure or other act occurred before the date of the filing of the 
application to register the patent or, if priority is c1aimed,- before 
the priority date validly claimed in respect of the invention. 
(3) For the purpose of evaluating novelty only, an application 
for the grant of a patent or a utility certificate in Ghan.a shall be 
considered as included in the prior art asfrom the filing date of such 
application or, if priority is claimed, as from the date of its validlY 
claimed priority to the extent to which its content is available to the 
public in accordance with this Law and regulations made there-under 
or in accordance with the Patent Co-operation Treaty. 
(4) A disclosure of the invention shall not b~ taken mto con .. 
sideration if it occurred witHn six months preceding the date of 
the application and if it Was by reason or inconsequence of.-
(a) acts performed by the applicant or his predecessor 
in title; or 
(b) an evident abuse committed in relation to the rights 
of the applicant or his predecessor in title. IPINI1 IGHA/P/I 
Page 7 
Inventive 4. (1) An invention shall be considered as involving an inventive 
step. step if, having regard to the prior art, within the meaning of section 3 
(2) of this law, it would not have been obvious to a person skilled 
in the art to which the invention pertains on the date of the filing of 
the application or, if priority is claimed, on the priority date validly 
claimed in respect of the invention. 
. (2) In relation to subsection (1) of this section, the prior art 
shall be considered as a whole, including not only individual ele­
ments. of the prior art, or parts of elements taken separately, but 
also' combinations of such elements or parts of elements where 
such combinations are obvious to a person skilled in the art. 
Industrial 5. An invention shall be considered industrially applicable if, 
application. according to its nature, it can be made or used, in the technologi~ 
cal sense, in any kind of industry including agriculture, fishery and 
services. 
Prohibition 6. A patent may be obtained in respect of an invention the 
by law, exploitation of which is prohibited by law, except where the prohi-
public order bition relates to public order or morality. or morality. 
Temporary 
exclusion 
from 
patent­
ability. 
Right to 
patent. 7. (1) The Secretary if satisfied that it is in the interest of national 
security, economy, health or any other national concern so to do, 
and after consultation with the Patent Policy Committee established 
under section 69 of this La w, may by legislative instrument exclude 
inventions for products or processes for the manufacture of such 
products as may be specified from patentability for a period of not 
more than ten years. 
(2) Any exclusion under subsection, (1) of this section may 
for the same or similar reason and after the necessary consultation 
be extended by the Secretary by legislative instrument for a further 
period provided each such period does not exceed ten years. 
PART II-RIGHT TO PATENT AND NAMING OF INVENTOR 
8. (1) The right to a patent shall belong to the inventor. 
(2) If two or more persons have jointly made an invention, 
the right to the patent shall belong to them jointly. 
(3) Where two or more persons have made the same invention 
independently of each other, the person whose application has 
the earliest filing date or, if priority is claimed, the earliest validly 
claimed priority date shall have the right to the patent provided 
that the application leads to the grant of the patent. 
(4) The right to a patent may be assigned or transferred by 
Succession Of, by operation of la w. 
(5) Sections 40 to 44 of this Law shall apply with the necessary 
modifications as may be necessary to contracts assigning the right 
to a patent. IPlNllIGHA/PI1 
Page 8 
(6) Subject to the provisions of subsection (3) of this section, 
the inventor shall apply for a patent either by himself or through 
his duly authorised agent. 
9. (1) Where the essential elements of the invention claimed in a :Unauthor. 
patent application or patent were derived from an invention for Isedli . 
which the right to the patent belongs under Section 8 or 10 to a ~~fed~~on 
person other than the applicant or owner of tne patent, that person invention of 
may request the court to order the assignment to him of the patent another 
application or patent. person. 
(2) An action to enforce a right under subsection (1) of this 
section shall notwithstanding any law to the contrary, be brought 
not later than one year from the time when the person who has the 
right to the patent became a ware of the filing of the application or 
ofthe grant of the patent. 
10. (1) Notwithstanding the provisions of Section 8 and in the Inven!ions 
absence of contractual provisions to the contrary, the right to a made 1? f 
patent for an invention made in execution of a commission or an ~x~~=~"o 
employment contract the express object of which is research or the sion or by 
exercise of inventive activity by the employee shall belong to the employee. 
person who commissioned the work or to the employer as the case 
may be; except that where the invention is of very exceptional 
importance the inventor shall be entitled to reasonable remunera-
tion. 
(2) Subject to subsection (1) of tbissection, and in the absence 
of an order of the Patents Tribunal established under section 70 
of this Law varying the proportions, the -right to a patent for an 
invention made by an employee as a result of the use of the re­
sources, data, means, materials, installations or equipment of tb e 
employer shall, subject to tre provisions of subsections (3) to 
(8) of tbis section, belong jointly and in equal shares to the emplo­
yee and employer. 
(3) An employee who makes an invention referred to in 
subsection (2) of ihis section shall immediately inform his emplo­
yer .of it in a written report. 
(4) The employer sball make the application for the patent 
or, renounce rus interest in the invention or the exploitation thereof 
at the request of tlJe employee within 'one montr of the request. 
(5) The employer sball have an exclusive rigbt to the ex­
ploitation of an invention referred to in subsection (2) of tEis section 
but shall pay the employee a half share of tre profits derived from 
such exploitation. 
(6) Where the employer renounces his interest in the inven­
tion, or in its exploitation within Ghana, or fails to exploit the 
invention witbin a year from tbe date of t1:e grant of a patent tbereon, 
the employee may apply to the Tribunal for an order trat the in­
vention shall be his exclusive property. IP/N/lIGHA/P/l 
Page 9 
(7) An errployer witb a joint interest in the invention who 
does not intend to file {l, patent application outside Ghana fGf the 
invention shall authorise the employee to do so. 
(8) The advantages conferred on the employee by this seG~ 
tion cannot be reduced by contract. 
Naming of 11. (1) The inventor of any thing ill respect of which a patent is 
inventor. granted shall be named as sucb in the patent unless in a special 
written declaration addressed to the Registrar, the inventor indicates 
that he does not wish to be named. 
(2) Any promise or undertaking by the inventor made to any 
person to the effect that he will make such declaration shall be 
void. 
PART lII .......... ApPLICATION FOR PATENT AND REFUSAL OF PATENT 
Application 12. (1) The application for a patent,. acoompanied by tre pres-
for patent. cribed fee, shall be made to the Registrar and shall contain-
(a) a requ.est for the patent; 
(b) a description disclosing the invention in a manner 
sufficiently clear and complete for the invention to be 
evaluated, carried out or worked by a person possess· 
lng average skill in, and average knowledge of the 
art to which the invention relates and in particular 
indicating the best mode known to the applicant for 
carrying out the invention; 
(c) one or more claims wrich define the matter for \Vbich 
protection is sought; in cbar and concise language 
and in a manner fully supported by the description; 
(d) an abstract to serve the purpose of technical informa­
tion which shall not be taken'into a:;count Vthen inter­
preting the scope of the protection sought; and 
(e) where necessary, one or more drawings for the better 
understanding of the invention. 
(2) The applicant may, and where his ordinary residence or 
principal place of business is outside Ghana, shall be represented 
by an agent admitted to practice before the Patent Office. 
(3) The req"l'.est shall contain a petition to the effect that 
a patent be granted, the name of and other prescribed data concern­
ing the applicant, the inventor and the agent, if any, and the title 
of the invention. 
(4) Where the applicant is not the inventor, the request shall 
be accompanied by a statement jusitfying the applicant's right to 
the patent. fP1N11 IGHA/PI1 
Page I 0 
Information 
concerning 
correspond­
ing foreign 
applications 
and grants. (5) The appointment of an agent may be indicated by designa­
tion of the agent in the request or by the furnishing of a power 
of attorney signed by the applicant, bu.t where under subsection 
(2) of this section an agent must be appointed he shall be specified 
in the request. 
13. The application shall relate to one invention only or to a Unity of 
group of inventions so linked as to form a single general inventive invention. 
concept. 
14. (1) The applicant may amend the application provided that Amendment 
the amendment shall not go beyond the disclosure in the initial appli,. and di,:lsion 
cation. o.fapplica-
(2) The applicant may divide out from the application one troD. 
or more applications, described as "divisional applications", pro­
vided that each divisional application shall not go beyond the dis­
closure in the initial application. 
15. (1) The application may contain a declaration claiming R' t f 19l1t ° the priority, as provided for in the Paris Convention, of one or more priority. 
earlier national, regional or international applications filed by the 
applicant or his predecessor in title in or for any State party to the 
Paris Convention. 
(2) The applicant Sh8.11, within three months from the filing 
of the application containing the declaration, furnish to the Regis­
rar a copy of the earlier application, certified as correct by the 
office with which it was filed OT, where the earlier application is an 
international application filed under the Patent Co~operation 
Treaty, by the International Bureau. 
(3) The effect of the declaration referred to in subsection (1) 
of this section shall be as provided in the Paris Convention. 
(4) If the requirements under this section and the rules relat .. 
ing thereto have not been complied with, the declaration referred to 
in subsection (1) of this section shall be disregarded. 
16. (1) The applicant shall, at the request of the Registrar 
furnish him with the date and number of any foreign application, 
for a patent or other title of protection filed by the applicant relat­
ing to the same or essentially the same invention as that claimed 
in the application filed with the Registrar. 
(2) The applicant shall, at the request of the Registrar, furnish 
him with the following documents in respect of foreign applica~ 
Hons referred to in subsection (1) of this section, namely-
(a) copies of any communication received by the appli­
cant concerning the results of any search or examina­
tion carried out in respect of the foreign application; 
(b) a coPY of the patent or other title of protection gran­
ted on the foreign application; and IPIN11/GHA/P/l 
Page! 1 
(c) a coPy of any final decision rejecting the foreign appli­
cation or refusing the grant requested in the foreign 
application. 
(3) The applicant shall, at the request of the Registrar, 
furnish him with a copy of any decision invalidating the patent or 
other title of protection granted to the applicant on the basis of the 
foreign application referred to in subsection (2) of this section. 
(4) The applicant shall, at the request of the Registrar, fur­
nish him with copies of any commu.nication received by the appli­
cant concerning the results of any search or examination carried out 
in respect of any foreign application other than an application re­
ferred toin subsections (2) and (3)ofthis.section. 
(5) The documents furnished under this section shall serve 
the purpose of facilitating the evaluation of novelty and inventive 
step with respect to the invention claimed in the application filed with 
the Registrar or in the patent granted on the basis of that application. 
(6) The applicant shall have the right to submit comments 
on the documents furnished under this section. 
17. At any time before the grant of a patent or notification of Withdrawal 
rejection of the application or of refu.sal to grant a patent, the of. . 
applicant may withdraw the application. applIcatIOn. 
18. (1) The Registrar shall accord as the filing date, the date of Filing date 
receipt of the application provided that at the time of receipt, the and. . 
docn.ments filed contain- examm~tlOn - of appllca-
(a) the name of the applicant; and tionasto 
hi· h h.c: f ' b 1 . form. (b) a part w lC on t e lace 0 It appears to e a c rum or 
claims. 
(2) If the Registrar finds that the application did not at tile 
time ot receipt, fulfil the requirements referred to in subsection (1) 
of this section he shall invite the applicant to file the required cor­
rection and lfthe applicant complies with the invitation, the Registrar 
shall accord as the filing date the date of receipt of thecorrectiol1 
but if tht} applicant does not comply with the invitation, the 
Registrar shaH treat the application as if it had not been filed. 
(3) vVhere the application refers to drawings which are not 
included in the application, the Registrar shall invite the applIcant 
to furnish the missing drawings, and if the app1iccmt complies with 
the said invitation the Registrar shall accord as the filing date the 
date of receipt of the missing Gra wings; otherwise he shall treat any 
reference to the said drawings as non-existent. 
(4) V/here no invitation under subsection (2) or (3) of the 
section has been sent to the applicant and the applicant nevertheless 
files a correction pertaining to any of the requirements under sub­
section (1) of this section, the Registrar shall accord as the filing date 
the date of the receipt of the correction, provided thcconection was 
received within 30 days from the datr of receipt of the application. IP/N/l/GHAIPIl 
Page 12 
(5) Where the request is accompanied by the statement on 
the right to the p,:tent referred. to in sectjon 12 (4), tile Registrar 
shall send a copy of the statement to the inventor, who shall have 
the right to inspect the application and receive, at his own expense, 
a copy thereof. 
(6) The Registrar shall cause an examination of the applica­
tion to be carried out as to whether-
(a) the requ.est complies with the requirements of se?ti.on 
12 (3), (4) and (5) of this Law and rules pertammg 
thereto; 
(b) the description, claims and, where applicable, the 
dra wings comply with the physical requirements pres­
cribed by the regulations; 
(c) the application contains an abstract; 
(d) the applicant has complied with a request made by 
the Registrar under section 19 of this La w; and 
(e) the prescribed fees referred to in section 12 (1) of this 
Law have been paid. 
(7) Where the Registrar finds that the application is defective 
in respect of any of the matters referred to in this section, he shall 
invite the applicant to remedy the defect provided that any correc­
tions made to the application shall not be sucn as would require 
a change of the filing date, and if the applicant does not comply 
with the said invitation, the application shall be rejected by the 
Registrar. 
(8) Unless the application is to be the subject of an interna­
tional-type search under section 19, the Registrar shall cause an 
examination to be carried out as to whether the application appears 
to comply with the requirement of unity of invention prescribed 
by .. ,section 13 of this Law and rules pertaining thereto. 
(9) If the Registrar is of the opinion, that the requirement 
of unity of invention may not have been complied with he shall 
invite the applicant to restrict or divide the application and if the 
applicant does not comply with the invitation the application shall 
be rejected by the Registrar. 
International 19. (1) The Registrar may direct that any application found in 
type search. order as to form be the subject of an international-type search in 
accordance with the provisions of the Patent Co-operation Treaty. 
(2) When a direction under subsection (1) of this section is 
made, the Registrar shall invite the applicant to pay the fees pres .. 
cribed for the purpose, and if the applicant does not comply with 
the invitation, the application shall be rejected by the Registrar. IPINIl/GHA/P/! 
Page 13 
(3) Upon receipt of the report of the international-type 
search the Registrar may request the applicant to furnish him with 
a copy of any document cited in the report, and if without lawful 
excuse the copy requested is not furnished within the prescribed 
time, the applications shall be rejected. 
(4) Where it appears from the report on the international-type 
search or from the refusal to establish such a report that the subject 
of the application or of any claim is not an invention within the 
meaning of section I of this Law, the Registrar shall reject the de~ 
fective application or consider the defective claim to be withdrawn, 
unless tIle applicant satisfies him that the subject of the application 
or claim constitutes an invention. 
(5) Where it appears from the report on the international­
type search or from ire refusal to establish such a report that-
(a) the description, claim or, where applicable, the draw= 
ings do not comply, in whole or in part, with the re" 
quirements laid down in this Law, or regulations made 
thereunder, to such an extent that no meaningful 
search could be carried out; or 
(b) the application does not comply in whole or in part 
with the requirement of unity of invention laid down 
in section 13 of tbis Law and rules relating thereto; or 
(c) the invention claimed in the application obviously does 
not fulfilthe requirements of novelty specified in section 
3 of this Law, 
tbe Registrar &hall reject the application unless the applicant either 
satisfies him that the said requirements have been fulfilled or amends 
or divides"the application so as to comply with the requirements. 
20. (1) The Secretary may by legislative ins.trument direct the exami.. Searchand 
nation as to substance of applications for patent and may waive such examination 
examination wrere he deems it necessary in the national interest. as to substance. 
(2) Tbe Secretary, on the advice of the Patent Policy Committee, 
may by legislative instrument, direct that applications for patent 
relating to a specified technical field shall not be the subject of an 
examination as to substance. 
(3) Where the Secretary directs that an application for a 
patent be the sbujcet of an examination as to substance he may by 
such instrument further designate the authority of agency by wbich 
the examination is to be carried out and the condition for the exa~ 
mination. The Secretary may add further technical fields to, or re~ 
move any technical field from, those covered by the direction under 
subsection (1) of this section. 
(4) If in the opinion of the Registrar, the subject matter of an 
invention for which a patent is sought does not fall within the terms 
of direction given under subsection (2) of this section, he s.haH 
cause a s.earch and examination to be carried out as to whether-IPINI1IGHA/P/J 
Page J4 
Grant, 
registration 
and publi­
cation of 
of patent. 
Appeals. (a) the claimed invention is patentable wit11in the meaning 
of sections 2 to 5 of this Law; 
(b) the claimed invention is 110t excluded from protection 
under section 6 or 7 of this Law; , 
(c) the description and the claims comply with the require­
ments prescribed by sections 12 (1) (c) and 13 of this 
Law and rules pertaining thereto; 
(d) any drawings which are necessary for the understanding 
of the claimed invention have been furnished. 
(5) For the purposes of the examination under subsection 
(4) of this section, the Registrar may transmit the application toge­
ther with all relevant documents, to the des.ignated authority or 
agency for a preliminary examination as to the patentability of the 
claimed invention. 
(6) The authority or agency to which the application is 
transmitted shall make a report on the conclusion of its examination 
and tranSlllit it to the Registrar with a copy to the applicant. 
(7) Where, after taking due account of the conclusions of any 
report referred to in subsection (6) of this section, the Registrar is of 
the opinion that any of the conditions referred to in subsection (4) of 
this section are not fulfilled, he shall notify the applicant accordingly 
and invite him to submit his observations and where applicable to 
am~nd his application. 
",' (8) Where despite any observation or amendment submitted 
by the applicant the Registrar finds that any of the conditions referred 
to in subsection (4) of this section are not fulfilled he shall refuse the 
grant of a patent and notify the applicant accordingly. 
(9) Where an applicant states in his application that an 
annlication covering the same invention has been submitted to and is 4to be examined as to substance by an authority or agency in 
accordance with an order of the Secretary, the Registrar shall 
have the power to pos.tpone a decision on any examination as to 
substance until the results of the examination by the authority or 
agency specified are transmitted to the Registrar. 
21. (1) Unless the application has been rejected under section 18 
or 19 or a patent has been refused under section 20, a patent shall 
be granted and issued to the applicant in the prescribed fonn. 
(2) Any patent granted shall be registered. in the register. 
(3) The prescribedpartjculars of anY patent granted shall be 
promptly published by the Registrar in a prescribed manner. 
22. The appJicant may appeal to the Tribunal against any decision 
by which the Registrar accords a filing date, rejects the application, 
treats the application as if it had not been filed, considers any of the 
claimS to be withdrawn or refuses to grant a patent. Interpreta­
tion for part 
IV. PART IV-.. .JNTERNATIONAL ApPLICATIONS 
23. For the purposes of this Part-. lP/Nil IGHA/PIl 
Page 15 
"international application" means an international appli­
cation filed in accordance with the. Patent Co~opera­
tlon Treaty and and regulations made thereunder; 
"Receiving office", "designated office", "elected office" 
"international preliminary examination report" and 
the expressions "to designate" and "to elect" have 
the meanings given to them in the PatentCo-opera­
tion Treaty; 
"the Treaty" means the Patent Co .. operation Treaty signed 
in Washington on 19th June, 1970. 
24. (1) The Registrar's office shall serve as......... Functions of 
(a) a receiving office where an international application Rthe . t ' . ill d . h' d h l' . . 1 egls rar s IS e WIt It an t e app lcant IS a natlOna or a office. 
resident of Ghana; 
(b) a designated office or an elected office in the case of 
any international application in which Ghana is de~ 
signated or elected. 
(2) Jlhe functions of the Registrar's office under this Part 
shallbe performed in accordance with the provisions of the Treaty, 
the regulations issued under the said Treaty as well as with the 
provisions of this Law and regulations made thereunder, butin case 
of conflict, the provisions of the Treaty, the regulations thereunder 
and the Administrative Instructions under the Treaty shall apply. 
25. (1) Where, in accordance 'with article 17(2) of the Treaty, Dnsearched 
an international search report is not established or relates to only or . 
one or some of the claims of an international application the Re-:-mtexamtl~nedl 
. t b 11' h' '1 li' 'd III ern2. IOna gIB. rar s a reject t e InternatIOna app catIOn or conS1 er as applications 
withdraWl1 any claim not covered by the said report, unless the or parts 
applicant satisfies him. that the refusal to establish the said report ther~of; 
in whole or in part was not justified. ObVIOUS Jack of novelty. (2) Where in accordance with article 17 (3) of the Treaty, 
the international search report relates to only one or some of the 
claims due to the applicant's refusal to pay additional fees, those 
parts of the international application which consequently have not 
been searched shall be considered withdrawn, unless the applicant 
pays the special fee prescribed or satisfies the Registrar that the 
invitation to pay the said. additional fees was not justified. 
(3) Where an international preliminary examination report 
with respect to an international application has been communicated 
to the Registrar's office, subsections (4) to (6) of this section shall 
apply. 
(4) Where, in the case of lack of compliance with the re~ 
quirement of unity of invention, the international preliminary 
report indicates that the international prelii1.1inary examination-
(a) under article 34 (3) (a) of the Treaty was carried out 
on restricted claims; or fP/N/l/GHAlP/l 
Page 16 
(b) under article 34 (3) (c) of the Treaty, was carried out 
on the main invention only, 
those parts of the International application indicate:i as not having 
been the subject of international preliminary examination shall be 
considered withdrawn unless the applicant pays the special fee 
prescribed OT, intbe case of article 34 (3) (c) of the Treaty, satisfies 
the Registrar that the invitation of the International Preliminary 
Examining Authority was not justified. 
(5) Where, in the case of defects under article 34 (4) of the 
Treaty, the international preliminary examination report states, 
with respect to the entire internationaLapplication or one or some 
of its claims only, that the defects exist, the international app1ica~ 
tion or tbe claim for which no statement under the second sentence 
of article 35 (2) of the Treaty is made in the said report, shall be 
considered withdntwJ.1 unless the applicant satisfies the Registrar 
that the said defects do not exist. 
(6) If it is apparent from an international search report or 
an international preliminary examination report that an invention 
claimed in an international application does not fulfil the require­
ments of novelty prescribed by section 3 of this La w, the Registrar 
shall not grant a patent upon the application unless the applicant 
either satisfies him that the requirement has been fulfilled or amends 
the claims in a way that fulfills the requirement. 
Provisi~mal 26. (1) The reliefs specified in section 59 of this Law may be 
prot~ctlon of requested in respect of acts committed before the grant of the patent 
i~~~;~~~i~nal but after the .date of internat!0.r:a1 publ~cation un?er ~rtic1e 21 of the 
application. Treaty, provlded that the saId mternatlOnal pubhcatIOn was effected 
Rights and 
obligations 
of applicant. in English. 
(2) Where the international publication was effected in a 
language other than English the provisions of su.bsection (1) of this 
section shall apply, provided the applicant had transmitted an 
English translation of the said international publication to the 
infringer and only in respect of acts committed by the infringer 
after he had received the translation. 
P ART V-RIGHTS AND OBLIGATIONS OF THE ApPLICANT OR THE 
OWNER OF THE PATENT 
27. (1) The applicant or the owner of a patent shall have the 
fonowing rights-
(a) to be granted the patent, where the relevant require­
ments under this La ware fulfilled: 
(b) after the grant of the patent, and within the limits 
defined in section 30 of this Law, to preclv.de any 
person from exploiting the patented invention in the 
manner specified in section 28 of this La w; 
(c) to conclu:de licence contracts, as provided for in Part 
VIII, su.bject to the obligation referred to in subsection 
(2) (e) of this section. Scope of 
protection. 
Limitation 
of rights. IP/N/I/GHA/PIJ 
Page 17 
(2) The applicant or 0 wner of the patent shall save the folIo w­
ing obligations-
(a) to disclose the invention in a clear and complete man­
ner and in particular to indicate the best mode known 
to the.' applicant for carrying OLlt the invention in 
accordance with the reqtlirements and subject to the 
sanctions provided by this Law; 
(b) to give information concerning corresponding foreign 
applications and grants, as prescribed by section 16 
of this La w subject to the sanctions provided for in 
section 18; 
(c) to work thepatenied invention in the country within 
the time limits and subject to the sanctions provided 
for in Parts VI and IX of this La w; 
(d) to pay the fees prescribed by this Law and regulations 
made thereunder; 
(e) in connection with licence contracts and contracts 
assigning patents or patent applications, to refrain 
from making any of the abusive provisions specified in 
section 41 of this Law. 
28. The owner of the patent shaH have the right to preclude any Rights of 
person from exploiting the patented invention by any of the follow- patent 
i ng acts- . owner. 
Ca) when the patent has been granted in respect of a pro­
duct ......... 
(1) making, importing, offering for sale, selHng 
and l'.si.ng the prodnct; 
(ii) stocki.ng sEch procll1.ct for the purposes of 
offering for sale, selling or using; 
Cb) when the patent has been granted in respect of a pro­
ces~-
(i) using the process; 
(H) making, jmporting, offering for sale, selling 
or stocking for any su.ch p').rpose a prodl';ct 
obtained directly by meanS of the process, 
29. The scope of the protection under a patent shall be determi-
ned by the terms of the claims; however, the description and the 
dra wings included in the patent may be used to interpret the claims . 
. 30. The rights under the patent shal1-
(a) extend only to acts done for indl.l.strial and commer­
cial pnrposes and in particu.lar not to acts done for 
scientific research; 
(b) not extend to acts in respeCt of articles which have 
been put on the market in Ghana by the owner of the 
patent or with his express consent; !PlN/l/GHA/P/l 
PagelS 
Term of 
patent and 
extension. (c) not extend to the ll.Se of articles on ai.rcraft, land vehi­
cles or vessels of other countries which temporarily or 
accidentally enter the airspace, territory or waterS of 
Ghana; 
(cl) be limited by the provisions on the patent terms con­
tained in Part VI of this La w; 
(e) be limited by the provisions on compulsory licences 
on grounds of public interest or based on interdepen­
dence of patents contained in Part IX of this La wand 
by the provisions on state exploitation of patented 
inventions contained in Part XI of this Law. 
PART VI-TERM OF PATENT AND ANNUAL FEES 
31. (1) Subject to subsections (2), (3) and (4) of this section a 
patent shall expire at the end of the tenth year after the date of the 
filing of the application. 
(2) On reql'.est of the owner of the patent, or of a licensee, 
made not more than twelve months and not less than one month 
before the expiration of the patent under subsection (1) of this 
section, and on payment of the prescribed fee, the Registrar sha.ll 
before the expiration of the patent Lmder subsection (1) of this 
section, an-cl on payment of the prescribed fee, the Registrar shall 
extend the term of thatpa.tent for a period of five years, provided 
that the owner or licensee proves, to the satisfaction of the Regis-
trar, either- . 
(a) that the invention which is the subject of the said 
patent is being worked in Ghana at the date of the 
request; or 
(b) that there are legitimate reasons for failing to work 
the invention. 
(3) On the request of the owner of the patent, or of a licensee, 
made not more than twelve months and not less than one month, 
before the expiration of the patent under subsection (2) of this 
section-' ., 
(a) on the ground that" the invention which is th~ subject 
of the patent is being worked in Ghana at the rate of 
the request; and 
(b) on payment of the prescribed fee, the Registrar shall, 
if satisfied that the ground is correct; extend the dura­
tion of the patent for a further period of five 'years. 
(4) Where the Registrar does not reject the request referred 
to in subsection (2) of this section within six months after its receipt, 
he shall be deemed to have extended the term of the patent as re .. 
qy.ested. 
(5) A patented invention is worked if the patented product 
is made or if the patented process is used in Ghana, by any effective 
and serious establishment and on a scale which.is reasonable in the 
circumstances, but importation shall not constitute working. IPINIlIGHA/PI1 
Page 19 
(6) The owner of a patent or a licensee may appeal to the 
court against any refusal to extend the term of the patent under 
subsection (2) or (3) of this section. . 
32. (1) In order to maintai.n an application or patent an annual Annualf~ 
fee shall be paid in advance to the Registrar's office starting with 
the second year after the date of the filing of the a2plication. 
(2) The annual fees shall be prescribed according to a scale 
which increases with each year. 
(3) Subject to section 24 (2) of this .La w, if an annual fee is 
not paid in acco~dance with this section the application shall be 
deemed to have been withdrawn or the patent shall lapse, and in 
the case of the latter, the said lapse shall promptly be published by 
the Registrar. 
(4) A grace period of six months shall be granted for the 
payment of the annual fee upon payment of a prescribed surcharge. 
(5) Within twelve months from the expiration of the grace 
period of referred to in subsection (4) of this section, any interested 
person may, upon payment of the prescribed fee request the Re­
gistrar to restore an application that is deemed to have been with­
drawn, or a patent that has lapsed, by virtue ofsu.bsection (3) of this 
section. 
(6) If the Registrar is satisfied that the failure to pay the 
annual fee concerned was unintentional and that all annual fees 
due have been paid, he shall make an order restOring the application 
or patent, as the case may be; such order in respect of a patent shall 
be published immediately in the Gazette. 
(7) Any interested person may appeal to the c'o11rt agalns~ 
the decision, of tpe Registrar granting or refusing to grant a request 
forrestoratip n. 
(8) Where a patent is restored under sLf.bsection (5) of this 
section no procee.difl:gs may be brought byvirtue of the said patent-
(a) . with respe'c~ to any acts.peifomed afte:r the lapse of the 
. patent"and before the cl"ate of the oreter of restoration; 
or 
(b) wi!.h: respect to any acts performed after the' date of 
the "order for . restoration in relation to articles im~ 
portedinto the country, or manufactured therein" 
after the lapse of the patent and before the date of the 
order. for restoration. 
PART VII-CHANGE IN OWNERSHIP AND JOINT OWNERSHIP OF 
ApPLICATION.AND PATENTS 
Change in 33: (1) All contracts assigning applications or patents shall be 
own7rs~ip of in writing and shall be signed by the parties thereto, otherwise they 
applIcatIOn shall be invalid. and patents. IP/N/l!GHA/PI1 
Page 20 
Joint 
ownership 
ofapplica­
Hons and 
patents. 
Interpreta­
tion for 
Part VIII. (2) SectjOl~s 40 to 44 of thi~. Law shall apply with such Inodi~ 
fications as may be necessary to contracts assigning applications or 
patents. 
(3) Any change in own..~rship of an a.?plication or a patent 
shall be·record.ed in the register in the prescribed manner and on 
the payment of the prescribed fee. 
(4) ,Until such change has. been recorded, any doc11ment 
evidencing the chal1ge in ownership shall not be admissible in any 
proceedings as evl9.ence of the title of any person to an a,?plication 
or patent, l'.nless the court otherwise directs. 
34.; In· the absence of any agreement to the contrary bet ween all 
the parties, joint ownerS of an application or a patent may-
(a) separately transfer their shares in the application or 
patent; 
(b) explqit thepatente~ invention and preclude any person 
from. exploiting the patented invention; 
(c) only jointly grant permission to a third person.to do 
any of the acts referred to in section 28 of this Law. 
PART VIII-CONTRACTUAL· LICENCES 
35. In this Part unless a contrary intention appears-
"acts referred to in ,section 28 of this La w" includes those 
acts where they relate to an application.; 
"licence contract" means any contract by which a party 
grants permission to another person, whether or not 
a party to the contract, to do any of the acts referred 
to in section 28 of this La win resnect of an invention 
for which a patent has been granted or an application 
is pending; 
"licensee" means the person to whom the saidpermi.ssion 
is granted;. 
"licensor" meanS the party to the licence contract who 
grants the said permission; 
"third person" means a person other than the licensor or 
the licensee. 
36. In the absence of any provision to the contrary in the licence Righ~ of 
contract- licensee, 
(a) the licensee shall be entitled during the period of 
patent protection to do in respect of the invention all 
the acts referred to in section 28 of thl.s Law withouL 
limitation as to time throll.ghoEt Ghana, and through 
any application of the invention; 
(b) the licensee may not grant permission to any thi.rd 
person to do any of the acts referred to in section 28. Form of 
licence 
contracts. fP/N/l/GHA/PI1 
Page 21 
37. (1) In the absence of any provision to the contrary in the 
licence contract, the licensor may grant permission to any third 
person to do and may himself do, any of the acts referred to in 
section 28 which are covered by the said contract. 
(2) If the licence contract provides that the contract or the 
permi.ssion granted is exclusi.ve then-
(a) the licensor may neither grant permission to any third 
person to do, nor himself do, any of the acts referred 
to in section 28 which are covered by the said con­
tract; and 
(b) the licensee shall be considered an exclu.sive licensee 
for the purposes of this La w. Right of 
licensor to 
grant fur­
ther licences 
and use 
invention. 
38. Where, before the expiration of the licence contract, any ef Effect of 
the follo wing events occur with respect to any application or parent bPa.!ent not d 
f d . 1 .. '. em 0' grante re erre . to In tnat contract namely- or b~ing 
(a) the application is withdrawn; invalidated. 
(b) the application is finally rejected.; 
(c) the grant of a patent is finally refused; or 
(d) the patent is finally declared invalid, 
the COLlrt may make any order that it d.eems reasonable under the 
circumstances for the re-payment ef the royalties, or the return of 
any other consideration, paid or given under the said contract, 
directly relating to any sucb application or patent. 
39. All licence contracts shall be in writing anrl. shall be signed 
by the parties thereto otherwise they shall not be valitJ. 
Petition for 40. (1) All licence contracts, includ.ing modifications thereof, shall 
registration. be submitted. to the Registrar for registration in the register in the 
form of a petition. 
(2) A petition for registration may be made by any party to 
the contract. 
(3) The petition shall be subject to the payment of the pre­
scribed fee and shall be accompanied by the prescribed documeniS. 
(4) The Registrar shall issue to the petitioner a receipt, which 
shall be proof of the fact of filing the petition and. of the date on 
which it was filed. 
(5) If no receipt is issued. within 14 days from the date of 
filing the petition, the petitioner may rely on other evid.ence to prove 
the said fact and date. 
(6) Where-
(a) section 39 of this Law or subsection (2) or (3) of 
this section or rules relating thereto have not been 
compJied with; or IPIN11/GHAlPI1 
Page 22 
(b) the licence contract is not registrable unc1.er section 41 
of this Law, 
the Registrar shall refuse to register the licence contract stating the 
reasons for such refusal . 
. (7) Before refusing to register the licence contract, the Re~ 
gistrar shall notify the petitioner and allow thepartie~-
(a) to submit any observations; 
Cb) to correct any defect in the petition; or 
(c) to amend any term> or to correct any defect, in the 
licence contract that has been declare:!. by the Regis-. 
trar to be a term or defect precluding registration, 
within 45 days from the date of the notification referred to in this 
section. 
(8) A licence contract shall be void if the registration has 
been refused by the Registrar in accordance with the provisions 
of tbis Law. 
41. The Registrar may refuse to register a licence contract if the Prohibited 
effect of any of its terms js- terms in 
licence 
(a) to permit or require the importation of technology from contracts. 
abroad when substantially similar or equivaknt tedmo-
logy may be obtained on the same or rnore favourable 
conditions without importation from abroad; 
Cb) to require payment of a price, royalty or other consi­
deration wbich is disproportionate to the value of the 
technology to which the contract relates; 
Cc) to require the licensee to acquire any materials from 
the licensor or from sources cl esignated or approved 
by him, unless it is otherwise impossible, for aB prac­
tical purposes> to ensure the quality of the products 
to be prod need; 
(d, to prohibit the licensee from acquiring, or to restrict 
his acquisition of, any materials from any source, 
unless it is otherwise impossible, for all practical pur~ 
poses, to ensme the quality of the products to be pro­
duced; 
(e) to prohibit the licensee from using, or to restrict his 
use of any materials which are not supplied by the 
licensor or by a source designated or approved. by 
him, unless it is otherwise impo~sible, for all practical 
purposes, to enSure the quality of the products to be 
produced; 
(f) to require the licensee to sell products pr00.uceJ by 
him uno.er the contract exclusively or principally to 
persons c.esign8.teJ by the licensor; 
(g) to require the licens.ee to make available to the licen­
sor without appropriateconsid.eration any improve­
ments made by the licensee with respect to the techno .. 
logy to which the co ntract relates; fPINIl/ORA/P/1 
Page 23 
(h) to limit the volume of the proc1.uct proc1.uce::1. by the 
licensee with the help of the technology to which the 
contract relates; 
(l) to prohibit or restrict the export of prod.ucts prod.uced 
by the licensee; 
(j) to require the licensee to employ on a permanent 
basis persons designated. by the licensor; 
(k) to impose restrictions on research or technological 
development carried out by the licensee; 
(I) to prohibit or restrict the use by the licensee of any 
technology to which the contract relates; 
(In) to extend the coverage of the contract to technology 
not required for the use of the tech.nology which is the 
main subject of the contract and to require considera~ 
Hon for such additional technology; 
(n) to fix prices for the sale or resale of the products pro­
duced by the licensee with the help of the technology 
to which the contract relates; 
(0) to exempt the licensor from any Jiability consequent 
upon any defect inherent in the technology to Which 
the contract relates or restrict such liabl1ity; 
(p) to prohibit or restrict the use by the licensee, after the 
expiration of the contract, of the technology acquired 
as a result of the contract, subject to any right of the 
licensor und.er the patent; 
(q) to require that disputes arising from the interpreta~ 
Hon or performance of the contract be governej by a 
law other tha.n laws of Ghana or that such disp'ates 
be brought before courts located in a country other 
than Ghana; 
(I') to require the licensee to pay royalties or other consi­
deration beyond the period of the patent which is the 
subject of the contract; or 
(s) to require the licensee to pay royalties or other consi~ 
deration for paten~s not granted or regi.stcred in Ghana. 
Registration 42. (1) \Vhen the contract has been exami.ne:! and found formally 
of COt1!tracts. and substantially acceptable for registration, the Registrar shall 
regist~r the contract and issue a certificate of registratLon to the 
petitioner. 
(2) Where the Registrar fails-
Ca) to notify tile petitioner of any defe;::t in the petition or 
of terms or defects prec1u<Jing registration of the lice:lce 
contract within 90 days from the date of the petition: 
or 
Cb) to notify t1o.e petitioner of his decision to refuse to 
register the lice'lce contract with.in 90 days from the 
date of the noti'fication End.er paragraph (a) of this 
subsection, 
the licence contract shaH be deemed. to have b0;:;n registered and thi! 
registra.r shaH issue a certificate of regi.stration to the petiti.oncr. TP/N/1/GHA/P/l 
Page 24 
(3) If no certificate is issuEd v.ne1.er sHbsection (2) of this 
section within 14 (l.ays from the expiration of the 90 (~.ay period 
the petitioner rnay rely on other eviC.encc to prove the fact of regis, 
tration. 
(4) The registration shall take effect~ 
Ca) if the petition was' 'made within 60 days from the con~ 
elusion of the contract, on the date' of the conclusion 
of the contract; and 
(b) in all other cases, on the date of the petition. 
(5) Where the petition is corrected or the licenc.e' contract is 
amended under section 40 (7), the petition shall, for the purpOSes of 
subsection (4) of this section, be deemed to have been made on the 
date when such correction or amendment was made. 
(6) The registration and the certificate sha~l indicate-
(a) the names of the parties to the contract and of the 
licensee if he is not a party; 
Cb) the'date of the petition; 
(c) the d~te of the registration; and 
(d) the registration number, all of which shall be published 
in the Gazette. 
(7) No licence contract shall be valid before its registration 
has taken effect under this section. 
43. (1) The contents of the contract shall be confid.ential unless Coufiden­
both parties to the contract agree to permit access thereto by third tiaUtyof 
parties and then only to the extent of the permission granted.' licence contract. 
(2) The Registrar shall supply copies of the contract to the 
Governor of the Bank of Ghana. 
44. (1) All appeal against a decision of the Registrar under section Remedies. 
40 (6) of this Law may be ma-J.e by the petitioner to the Secretary. 
(2) An appeal against a d.ecision of the Secretary 'may be 
mad,e by the petitioner to the court only on the following grounds-
(a) that the c.ecision for refusal contains no statemel1t of 
the reasons for .refusal ;. 
Cb) that none of the reasons for refusal specified in. the 
decision is a valid reason under this Law nor was it 
rightly applied to the petition or to the licence con .. 
tract; 
(c) that the procedure applied by the Registrar or Secretary 
was irregular and prejudicial to the rights of the peti~ tioner!·· . PART IX-CO:M:PULSORY LICENCES IPINIl IGHA/P/I 
Page 25 
Compulsory 45. (1) At any time after four years from the filing dat~ of an 
H9.~nces for application or. three years from a grant of a patent whichever 
non-,,;,or!dng period last expires, any person may, in proceedings instituted by 
and sumlar him against the owner of the patent or in proceedings instituted r0aSons. against him by the said owner, request the court to grant a compul-
Compulsory 
licences 
based upon 
the 
interdepen .. 
dence of 
patents. sory licence on any of the following grounds-
(a) that a patented invention, which is capable of being 
worked in the country has not bee.n so worked; 
(b) that the existing degree of working of the patented 
invention in the country does not meet on reasonable 
terms the demand for the patented product on the 
domestic market or for purposes of exportation; 
(c) that the working of the patented invention in the 
country is being hindered or prevented by the importa~ 
tion of the patented J.?roduct; or 
(d) that, by reason of the refusal by the owner of tbe 
patent to grant licences on reasonable terms, the estab. 
lishment or development of industrial or commercial 
activity in the country, or the possibilities of exportation 
from the country, are unfairly and substantially preju~ 
diced. . 
(2) Where the patented invention is a process, "patented 
product" in subsection (1) of this section means a product obtained 
directly by means of the process. 
(3) A compulsory licence shall not be granted in respect of a 
patent· if the owner of the patent satis.fies the court that his actions 
in relation to the patented invention are justifiable in the circum­
stances. 
46. (1) Where a patented invention cannot be worked without infring­
ing rights derived from an earlier patent, the owner of the later patent 
may, in proceedings instituted by him against the owner of the earlier 
patent or in proceedings instituted against: him, request the Tribunal 
at any time to grant a compulsory licence ",lth respect to the earlier 
patent to the extent necessary for the working of his invention if the 
invention-
(a) serves industrial purposes different from those served by 
the invention which is the subject of the earlier patent; or 
(b) constitutes substantial technical progress in relation to 
the later invention. 
(2) Where the two inventions mentioned in subsection (1) 
serve the same industrial purpose, a compulsory licence may be 
granted under that subsection. only on condition that a compulsory 
licence shall also be granted In respect of the later patent to the 
owner of the earlier patent if he so requests. lP/NI I IGHAIP/l 
Page 26 
(3) In this section, "earlier patent" means a patent granted 
on an earlier application or benefiting from an earlier validly claimed 
priority date, and "later patent" shall be constn-Led accordingly. 
47. (1) The Secretary may by legislative instrument direct that, Compulsory 
for patented inventions concerning certain kinds of products, or 1i~nces for 
processes for the manufacture of such products declared to be of pf()d.~Jct.s and 
vital importance to the defence, economic or public health interests PdrolcessdeSt . ec are 0 of Ghana, compulsory lIcences may be granted. be of vital 
(2) Compulsory licences with respect to any product or -pro-impottl:mce., 
cess specified in subsection (1) of this section may be granted, a:t .any 
time after the grant of the relevant patent by the Tribunafhfpro-
ceedings i]1stituted against or by the owner of patent. 
48. A compulsory licence 811a11 not be granted unless the person Precoildl~ 
Jequesting the compulsory licence- dons to .. d grant of (a) satlsfies the TrIbunal that he has aske the owner of the compulsory 
patent for a contractual licence but has been unable to licences. 
obtain such a licence on reasonable terms and within a 
reasonable time; and 
(b) offers guarantees satisfactory to the court to work the 
relevant invention sufficiently to remedy the deficiencies, 
or to satisfy the requirements, which gave rise to his 
request. 
49. (1) In considering a request for a compUlsory licence, the Grant and 
court shall first decide whether a compulsory licence may be granted terms of 
and, if it decides in favour of a grant, shall then proceed to determine' c:ompulsory 
the terms, taking into account any terms agreed by the parties. ' licences. 
(2) In determining the terms under subsection (1) of tbis sec-
tion, the court shall ensure that the compulsory licence-
(a) entitles the licensee to do any ,act specified in section 
28 of this Law, except importation, unless the applica .. 
tion was made under section 47; 
(b) does not entitle the licensee to grant further licences, 
without the consent of the owner of the patent; 
( c) is non-exc1usive; and 
(d) provides for the payment to the owner of the patent 
of remuneration which is equitable having regard' to 
all the circumstances of the case. 
(3) The tenus determined by the court shall be deemed to 
constitute a valid contract between the parties and shaH be governeJ. 
by the provisions of Part VIII of this Law. 
(4) A representative of the Secretary shall have the right to 
appv~r and ,be h~ard, by the court at the hearing of an application 
for a compulsory licence. Tta:nsfer of 
computsoty 
licences. 
Cap,c;eila­
tion of 
compulsory 
licences 
and varia­
tion of 
terms. 
. &egisfr'ation 
of grant, 
" cancellation· 
or variation 
of tows of 
compulsory 
licence. 
L.ic~nces:. of 
right. fPIN/1/GHA/P/l 
Page 27 
50 .. Aco:pipulsory licence may he transferred only with the 
indu~f+"iar tmd!.7i~aking in" which the relevant invention is use:i and 
npi"s~ch transfer' sha:Il be valid except with the approval of the 
Tribunal. 
~51. (1). on the application of the owner of the patent the Tribunal 
may cancel a compulsory licence if-
(d) the licensee fails to comply with the terms of the 
licence; or 
Cb) the conditions which justified the grant of the licence 
have ceased to exist, except that in the latter case 
reasonable time shaH be given to the licensee to cease 
working the relevant invention if an immediate CeSSfl.­
tiOIi would cause him to suffer substantial damage. 
(2) The Tribunal, on the application of the Secretary shall, 
and .on the appJication of the owner of the patent may cancel the 
compulsory licence if, within two years from the grant of the licence 
thci ligensee has not taken the necessary steps to work the relevant 
invention sufficiently so as to remeJ.y thedeficiel1cies or satisfy the 
requirements which gave rise to his application for the licence. 
(3) 0 n the application of the owner of the patent or the 
l~cehsee; the Tribunal may vary the terms of a compulsory lice:rce 
if new facts justify the variation, aad in particular, but '-\itholl.t 
prejud.ice to the, generality of the foregoing, if the owner of the 
patent has granted contractural licences on more favourable terms. 
52. Wbere the Tribunal grants, cancels or varies the terms of a 
cQiUpuJs.ory, licence" the Trih:.mal shall inform t11e Registrar wbo 
shall register the grant, cancellation or variation in the register. 
PART X-LICENCES OF RIGHT 
53. (1) The owner of a patent may request the Registrar to make 
an entry in the register to the effect that liceaces under the patent are 
to be available as of right. 
(2) The request shall be notifiei by the Registrar to licensees 
under the patent of right. 
(3) Any licensee may, within the prescribed time limit, object 
to the entry requested on the ground that the owner' of t1!epatynt is 
by the relevant licence contract, precluded from glanting-futtJj~' 
licences. 
e 4) Where the Registrar receives no objection under subsection 
(3) of this section or considers the objections made to be urifO)lp.de J, 
he shall make the requestec1 entry in the register" and 'shall ;-pllhlish 
the entry in the Gazette. 
(5) While a patent is the subject of an entry under this section, 
any person may require the owner of the patent to graIlthim a.:Q.on ... 
exclusive licence under the patent on terms' which, in the "abstmce of 
agreement between the parties, shall be determined by the Tribunal. IPIN/1/GHA/P!1 
Page 28 
Surrender of 
patents. (6) The annual fees with respect to a patent which is ilie 
subject of entry under this section, f~lling due after the date of an 
entry shaIl berejuced by half. ' 
(7) The owner of the patent may at any tiI1?-e r{;}q~est -the 
Registrar to cancel an entry under this section, and the .R(fgistrar 
shall cancel the entry after payment of the balance of a1t "annual 
fees which wOllld have been payable if x:o entry had .l?e~n 'made, .an~ 
Registrar shall publish the cancellation of the entry in the Gazette:' , " 
(8) Section 51 (3) of this Law shall apply with such modifica­
tion as may be necessary where the terms of a licence grante:i 'under 
subsection (5) of this section have been determined by the Tribunal.' 
(9) Licences granted under subsection (5) of this section ,are 
contractual licences within the scope of Part VIII of this ,Law. 
PART XI-ExpLOITATION OF PATENTED INVENTIONs BY GOVERNMENT 
OR THIRD PERSONS AUTHORISED BY GOVERNMENT , , 
54. (1) Where a vital public interest, in particular, national EfPloita:~n 
security, healt!) or the development of vital sectors .of the: national ?n:n~i~ns 
economy reqmres that one or more acts referreCl. to tu sectlOn 28 of by Govern~ . 
tbis Law be performed with respect to a pate~lted ilwention, the -m~nt or 
~ecret~ry responsible ~or Justice may decide .that. th~' 'patented thIrd Pf:~ns 
ll1VentlOll shall, even 111 the absence of the authorIzatlOn of 111e b~t~~v:rn_ 
owner of the patent, be exploited. by a government agency or by a roent. ' 
third person designated by the Secretary, subject to tpe payment of 
remuneration to the owner of the patent. 
(2) The Secretary shall take h is decision after consultation 
with the Patent Policy Committee, except in the case of national 
security, and after a hearing to which the owner of the patent and 
any licensee in particular shall be invited.. 
(3) Upon the Secretary taking the decision, tbe Registrar 
shall determine the amount of the remuneration to be paid to the 
owner of the patent, such remuneration being equitable l1aving regard 
tQa11.~y circ:um,stanc~s of the case . 
.(4) The owner of the patent may appeal to the courts. against 
the,decision of the Registrar on tbe amount of the remuneratlOn, but 
such an appeal sball not stay the effect of the decision referred to in 
subsection (1) of this section. 
PART XII-' SURRENDER, INVALIDATION AND REVOCATION OF 
PATENTS 
S5~ (1) A patent may be surrendered by its owner. 
(2) The surrender may be limited to one or more claims. 
(3) The surrender shall be promptly recorded in the register 
and, published by the Registrar in the Gazette. IPlNlllGHAlP/l 
Page 29 
, ,(4) Where a licence has been recorded in the register, surrender 
O,~~h~, patent shall only be registered upon the submission of a 
declaration by which the licensee consents to the surrender, unless 
the licensee has expressly waived this right in the licence contract. 
Invalidation ,56. (1) Any interested person may, in proceedings instituted by 
of patent. him against the owner of a patent or in proceedings instituted. 
against, him by the said owner, request the court to invalidate the 
patent. 
(2) The grounds for invalidation of a patent shall be any of 
the fol1owmg-
(a) that any of the conditions specified in section 20 (4) 
of this Law were not fulfilled; or 
(b) that the person to whom the patent was granted had 
no right to the patent, provided that the' patent had 
not been assigned to the person who has the rjght to 
the patent. 
(3) Where the provisions of subsection (2) of this section 
apply only to some of the claims or some parts of a claim, such 
claims or parts of a claim shall be invalidated by the court. 
(4) The court may require the owner of the patent to submit 
to it for the purpose of examination, publicatjons and other docu .. 
ments showing the prior art which have been referred to either in 
'connection with an application for a patent or other title of protec~ 
Hon' filed, ,for the same or essentially the same invention, by the 
owner of the patent, 'with any other national or regional industrial 
property office, or in connection with any proceedings relating to 
the patent or other title of protection granted upon such application. 
(5) Notice of the request referred to in subsection (1) of this 
section shall be served on any licensee under the patent who shall 
be entitled to join in the p,roceedings in the absence of any provision 
to the contrary in the licence contract. 
(6) Where, before or during the proceedings it is alleged or it 
appears to the court, that the right to the patent belongs to a person 
who is not a party to the proceedings, notice of the request referred 
to' in subsection (1) shall be served on that person, who shall be 
entitled to join in the proceedings. 
57. (1) Any invalidated patent, or claim or part of a claim shall Effect of 
be regarded as null and void from the date of the grant of the patent. invalidatio~; 
(2) As soon as the decision of the court is no longer subject 
to appeal or, if the decision goes on appeal then as soon as the 
appeal is disposed of and the matter·is no longer subject to a further 
appeal, the~ourt or the appellate court concerned, as the case may 
be, shall intorm the Registrar of the relevant decision and he shall 
register it in the register and publish it as soon as possible. IP/N/] IGHA/PIl 
Page 30 
Threatot 
infringe­
ment 
proceedings. PART XIII-INFRINGEMENT OF PATENTS 
58. Subject to sections 30, 32(8), 45, 47 and 54 of this Law any Acts con­
act specified in section 28 of this Law and perfonned by a person stituting 
other than the owner of the patent and without the authorization of infringement 
the owner of the patent, in relation to a product or a process falling 
within the scope of a validly granted patent, shall constitute an 
infringement of the patent. 
59. On an application by the owner of the patent, the court shall Reliefs. 
grant the following reliefs-
(a) an injunction to prevent infringement where ~nfringe .. 
ment is imminent, or to prohibit the continuation of the 
infringement, once infringement has started; 
(b) damages; 
(c) any otber remedy provided for .by law. 
60. tl) Subject to subsection (3) of this section, any person with DeclaratioB 
a legitimate· interest may request the court to declare that the per-of non-
formance of any specific act does not infringe the patent. inf.rin.gOO1dJi. 
(2) The owner of the patent and any licensee under the patent 
shall have the right to be joined as defendants in any such proceed .. 
lugs. 
(3) No declaration shaUbe macla under subsccdon (1) of 
this' section-
(a) if the acts to which the request relates are already the 
subject of infringement procee:lings; or 
(b) if the person making the request is unable to prove 
that he has previously d.emanded from the owner ·of 
the patent a written acknowledgement of the lawfulness 
of the acts referred. to and that the owner of the patent 
has refused such demand or has failed to reply within 
a reasonable time. 
61. (1) .Any person threatened with infringement proceedings 
who proves that the acts performed or to be performed by him do 
n6t'constitute> an'infringement of tbe patent may request tbe court 
to: grant an injul1ction to prohibit such threats and to award damages 
fot anY:financ1illoss resulting from the threats. 
t2) The mere notification of the existence of a patenf shall 
not constitute a thre-at within the meaning of subsection (1) of this 
section. 
Presumption 62. Where a patent relates to a process for the manufacf.ure of a 
of use of product showing novel features, the production of such a product 
patented shall, in the absence of proof to the contrary, be presumed to have 
process. .been manufactured by that process. Legalpro~ 
ceedings by 
licensee, !P!N!l!GHA/P!I 
Page 31 
. 63. (1) Any exclusive licensee within the meaning of section 37 
(2) of this' Law may, by registered letter, request the owner of the 
patent to institute legal procee:lings for a speCific relief with respect 
to any infringement specifiei by the licensee. 
(2) The licensee may, if the owner of the patent refuses or 
fails to institpte the .. said proceedings within three months from the 
reqtiest after giving notice to the said. owner, institute the proceed­
ings in his own name. 
(3) In any proceeiings instituted by the licensee under sub­
section (2) of this section, the owner of the patent may join as a party. 
(4) At any time before the end. of tIle period of three months 
·referred to in sub-section (2) of this section, the court may, at the 
the request of the licensee, grant an appropriate injunction to prevent 
infringement or prohibit the continuation of infringement where tlH~ 
licensee shows that immediate action is necessary t6 avoid. substantial 
damage. 
PART XIV-UTILITY CERTIFICATES 
64. (1) Subject to section 65 of this Law, the provisions of Paris I AfPpHc3;ti,on . I· 1 . h h d 'fi ... b 0 prOViSIOns to ;X~~ sha 1 :apply, WIt ~ sll:C ~o '.1 catlOns as~aye necessary, relating to 
to ·utIlIty certificates· or applIcations for such certificates as the case patents to 
may be. uti1i~y 
(..2) Where~ certrficates. 
(a) the right to a patent conflicts with the right to a utility 
certificate in the case referred to in section 8 (3) of this 
Law; or . 
(b) a patent and a utility certificate are interd.ependent 
within the meani.ng of sect~on 46 of this Law; 
the said.· prQvisions shall apply as if the word "patent" wherever it 
occurs, were ryplaced by the words "patent or utility certificate". 
65. (1) An lllVentioll is eligible for a utility certificate if it is new Spec~a~ 
and industrially applicable. prov:sIOns . . . .. . relatmg to 
. (2) Sections 2 and 4 of this Law shall not apply in the case of utili~y 
inventions for which utility certificates are requested.. certrficates, 
(3) Section 20 of this Law shall not apply in the case of appli-
cations for utility certificates, 
(4) Utility certificates shall be registered in a separate part 
of the register. 
(5) A utility certificate shall expire at the end of the seventh 
year after the date of the filing of the application and is not rene.w­
able. 
(6) Subsections (1), (2), (3) and (5) of section 31 shall not 
apply in tpe case of .utility certificates. IP/NI1!GHA/PI1 
Page 32 
Conversion 
of patent 
applications 
to aplica­
tions for 
utility 
certificates. 
The 
Registrar 
and the 
register. (7) _ In proceedings under section 56 of this Law, the court 
shall iuvaHdatea utility certificate on any of the following grounds-' 
Ca) that the claimed invention was not eligible for a utility 
certificate, having regard to subsection (1) of tbis section or -to section 3 or sectioil 5 to 7; 
(b) that the description or claims do not comply with the 
requirements prescribed by section 12 (1) (a), (b) and 
Cc) and the rules pertaining thereto; 
(c) that any drawing wb icb is necessary for the understand­
ing of the invention has not been furnished; 
(d) that the person to whom the utility certificate was 
granted had no right to the utility certificate, provided 
that the utility certificate has not been assigned to the 
peIsop. who has the right to the utility certificate. 
(8) Section 56 (2) shall not apply in the case of utility certifi­
cates. 
(9) Utility certificate means a certificate granted in a case 
where the invention although new and useful would be considered 
obvious from the point of view of a person skilled in the art. 
66. (1) At any time before the grant of a patent or the notifica~ 
tion of rejection of the application or of refusal to grant a patent, 
an applicant for a patent may, upon payment _of the prescribed fee, 
convert his application into an application for a utility certificate, 
which shall be accorded the filing date of the initial application. 
(2) At any time before the grant of a utility certificate or of 
the notification of rejection of the application, an applicant for 
utility certificate may, uponpaym.ent of the prescribed fee, convert 
his application into a patent application which shall be accorded 
the filing date of the initial application. 
(3) An application may not be converted under subsection 
(1) more than once. 
PART XV -MISCELLANEOUS PROVISIONS 
67. (1) There shall be a Registrar of Patents who shall, subject to 
the overall direction of the Secretary on policy matters, be respons~ 
ible for -performing all acts relating to the procedure for the grant 
of patents, the administration of patents granted and any other act 
required by this Law or regulations made thereunder or by any 
other law_ 
(2) The Registrar shall maintain a register in which shall be 
recorded all patents granted, numbered in the order of grant, and 
in respect of each patent, where appropriate, its lapse for non .. 
payment of annual fees, and all transactions to be recorded by 
virtue of this Law and regulations made thereunder. 
(3) The register may be consulted by any person, and any 
person may obtain extracts therefrom, under conditions prescribed 
-by regulations. IPlNI1IGHA/PI1 
Page 33 
(4) The office of the Registrar shall provide such patent 
information service to the public as may from time to time be 
prescribed . 
(5) The Registrar may, subject to the provisions of this Law 
and regulations made thereunder, issue administrative instructions 
relating to the procedu.re for the grant of patent and administration 
of patents granted as well as to other functions of his office. 
(6) No patent application ma) be illedby, and no patent may 
be granted to, and no rights relating to patents may be held by any 
employee of the Registrar's office. 
(7) An employee of the Registrar's office shall not communi~ 
cate il1.formation which by its "nature is a professional secret which is 
obtained by him in the course of his employment to persons not 
entitled to receive it and shall not disclose such information or make 
other use of it at any time even after the termination of his employ­
ment. 
"68. (1) Snbject to SUbsection (2) of this section the files relating to Inspection 
proceedings before the Registrar's office under this Law and regu-of files. 
lations thereunder may be inspected by any person on request, and 
copies of extract therefrom shall be furnished upon paymjint of the 
prescribed f~e. . 
(2) 'The files relating to patent applications shall be made 
available for inspection before the grant of the patent only with the 
consent of the applicant. " 
(3) Prior to the grant of the patent, the Registrar's office may 
disclose any of the following bibliographical data-
(a) the name of the applicant; 
(b) the number oftbe application; 
(c) the date and number of the filing of the application 
and, if priority is claimed, the date and number of the 
earlier application; 
Cd) the title of the invention. 
69. (1) There is hereby established a committee known as the Patent 
patent Policy Committee which shall be responsible for .advising policy 
the Secretary on all matters of policy relating to patents and utility Committee. 
certificates and for performing such other functions required of it by 
this Law or any other enactment. 
(2) The Committee shall consist of tbe following persons who 
shall be appointed by the. Council-
(a) the Executive Chairman of the Council for Scientific 
and Industrial Research, who shan be Chairman; 
Cb) the Registrar; 
(c) a representative of the Universities in Ghana; IPlNilIGHA/P/1 
Page 34 
Patents 
Tribunal. 
Court of 
competent 
jurisdiction, 
Penalty for 
intentional 
infringe~ 
ment. 
Int~rpreta­
Hon; (d) a representative of the Ghana Manufacturers' Asso~ 
ciation; 
(e) a representative of the Ghana Chamber of Commerce; 
(f) a representative of the Trade Union Congress; 
(g) (i) a lawyer; and 
, (ii) all ' Economist (both with knowledge of Patents 
nominated by the Secretary); , , 
(h) a representative of a consumer association nominated 
by'th e Secretary. ' 
, 70. (1) There is hereby ,established a tribunal known as the :patent 
Tribunal which shall be responsible' for performing such functions 
as' are specified in this Law or any other el}actment. ' 
(2) The Tribunal shall consist of a Chairman who shall be a 
High Court Judge appointed by the Council in consultation with the 
Chief Justice, and two other persons appointed ,by the Council, one 
of whom,sl\all be a qualified scientist or technologist and the other a qualified economist. 
(3) An appeal from. a decision of the Tribunal shall lie on a 
question of law or mixed law and fact to the Court of Appeal. 
71. (1) Subject to the provisions of section 70 disputes relating 
to the application of this enactment and matters which tmder' this 
enactment are to be referred to the c,;ourt shall be brought before 
the 'High Court. 
(2) The court hearing proceedings under the enactment may 
sit with and be advised by two assessors J,1aving expert knowledge of 
matters of a technological or economic nature. 
(3) The Rules of Court Committee may make such rules for 
the purposes of proceedings under thiseriactment as are necessary 
to supplement the rules applicable to proceed.ings in the High Court. 
72. Any intentional infringement of a patent or utility certificate 
shall constitute an offence punishable by a fine of not more than 
2 million cedis or by imprisOfu'11ent of 11,0t more than two years or 
both. 
73. In this Law, unless the context otherwise requires-
"application" means an application for the grant of a 
patent under this Law and subject to section 24(2), 
includes international application referred" to in Part 
IV of this Law; 
"Council" means the Provisional National Defence 
Council, 
"court" means the High Court; 
"foreign application" means an application fora patent or 
another title of protection filed by an applicant with a 
national industrial property office of another country 
or, with a regional industrial property office; lP/NI 1 IGHAlPIl 
Page 35 
"International, Bureau" means the International Bureau 
of the World Intellectual Property Organization 
estabiisbed by a convention signed at stockholm on 
14th J ul)" 1967; 
"licensee" except in Part VIII of this Law, means a licensee 
wider a contract" registered or deemed to have been 
registered under section 4.2 of this Law; 
"Paris Convention" means the Paris Convention for tbe 
Protection of 111dustrial Property of 20th 1viarch, 1883, 
as last revised; 
"Patent Co-operation Treaty" means the treaty of that 
name signed iu Washington on 19th June, 1970; 
"Patent Policy Committee" means the committee estab~ 
lished under section 69 of this Law; 
"prescribed" means prescribed by regulation made under 
section 74 9f this Law; 
"register" means the register referred to in section 67(2) 
of this Law; 
"Registrar" . means the Registrar of Patents appointed 
under" section 67(1) ofthi5 Law; 
"Secretary" means P.N.D.C. Secretary responsible for 
Justice; 
"Tribunal" means the Patents Tribunal established under 
. seCtion 70 of this Law; 
the expression "to work" shall be construed in accordance 
with section 31(4) oft11is Law . 
. 74. The Secretary may by legislative instrument make regulations Power to 
prescribing· anything that is to be prescribed under this Law or make 
generally for giving e:llect to the provisions of this Law, and in regulations. 
particular and without prejudice to the foregoing, prescribing-
(a) the details with wl1ichan application must comply; 
(b) the qualifications require1 of an agent of an applicant; 
(c) provisions relating to compliance with the requirement 
of unity of invention under section 13 of this Law; 
(d) the details of the requirements relating to a claim w 
priority under section 15 of this Law; 
(e) the details of the requirements relating to the furnishing 
of information concerning corresponding foreign a:rpli~ 
cations and grant under section 16 of tIlls Law; 
(j) the details of the requirements and. procedure 011 the 
filing and examination of applications under sections 
18 and 20 of this Law; 
(g) the details of the requirements and procedure for the 
international .. type search under section 19 of this Law; 
(h) the manner of publication of a paten~ grant; IPINI1!GHAIPI 1 
Page 36 
Transitional 
and saving 
provisions. Ci) details of the functions to be performed by the Regi:s .. 
trar's office generally and in accordance with the pro­
visions of the Patent Co .. operation Treaty, and con .. 
cerning the maintenance of and access to the register; 
(j) the details of the requirements and procedure for 
converting a patent application into an application for 
a utility certificate and vice versa under section 66 of 
tbis Law; 
(k) the details relating to the inspection of files under 
section 68 of this Law; 
(l) such matters as are necessary for the proper functioning 
of the Patent Policy Committee set up under this Law; 
(m) the procedure and such matters as are necessary for the 
proper functioning of the Patent Tribunal set up under 
this Law; 
(n) the fees for any act for which payment is required 
under this Law. 
75 .. (1) Where a patent has been registered in the country undrr 
the Patent Registration Ordinance (Cap. 179) and the privileges 
and rights conferred by the registration were effective immediately 
before the commencement of this Law tben-
ea) the patent shall be treated as if it had been registered 
under this Law; 
(b) the patent shall expire as regards Ghana when those 
privileges and rights would have expired if this Law 
had not been passed; 
(c) the patent may be invalidated only where those privi­
leges and rights could have been declared as not 
having been acquired in the country if this Law had 
not been passed; 
Cd) tbe certificate of registration, or a certified copy there­
of, shall be admissible as prima facie evidence of the 
date and fact of registration; and 
Cc) an action for infringement shall lie under this Law 
only if the alleged infringement occurred on or after 
the commencement of this Law and in any other case 
may be instituted and disposed of as if this Law had 
not been made. 
(2) So far as is necessary for the purposes of subsection (1) 
of this section, the register of patents under tbe Ordinance shaH be 
maintained as nearly as may be, and shall be regarded and dealt 
with, as if it were part of the register under this Law. 
(3) Section 33 (1) and Part VIII of this Law shall apply to a 
licence contract within the meaning of section 35 or to a contract 
assigning the right of a patent or assigning an application or a 
patent provided that the said contract Vvas conclu.ded before the 
commencement of this Law and is submitted for registration to the 
Registrar within 6 months from the commencement of this Law. IPIN/1/GHA/P/I 
Page 37 
(4) Within twelve months from the commencement of this 
Law, the Secretary may by legislative instrument make any further 
transitional or saving provisions, not inconsistent with this section, 
which appear to him to be necessary or desirable. 
76. The Patent Registration Ordinance (Cap. 179) and the patent Rupeals. 
Registration (Amendment) Decree, 1972 (N.R.C.D. 81) are hereby 
repealed. 
77. This Law shall come into force six months after its promul- Comruence-
gation. ment. 
Made this 30th day of December, 1992. 
PLT.-LT. JERRY JOHN RAWLINGS 
Chairman of the Provisional National Defence Council 
Date of Gazette notification: 18th June, 1993. 