Outline the procedure for obtaining a patent as provided for by the IP Order, 1989?

1. Conduct a patent search to ensure that your invention is novel and not already patented by someone else.

2. Prepare a detailed description of your invention, including drawings or diagrams if necessary.

3. File a patent application with the Intellectual Property Office, along with the required fees.

4. The Intellectual Property Office will conduct a formal examination of your application to ensure that it meets all the necessary requirements.

5. If the application is deemed to be in order, the Intellectual Property Office will publish the application in the Official Gazette.

6. Any interested party may file an opposition to the patent application within a specified period.

7. If no opposition is filed, or if the opposition is unsuccessful, the Intellectual Property Office will grant the patent.

8. The patent will be published in the Official Gazette, and the patent holder will receive a certificate of registration.

9. The patent holder will have exclusive rights to the invention for a specified period, typically 20 years from the date of filing the application.

10. The patent holder may take legal action against anyone who infringes on their patent rights.

Procedure for Obtaining a Patent under the IP Order, 1989

Step 1: Filing an Application

- Prepare a patent application including:
- Description of the invention
- Claims
- Drawings (if necessary)
- File the application at the Tanzania Intellectual Property Office (TIPO).

Step 2: Examination

- TIPO examines the application for compliance with formal requirements and technical merit.
- If the application meets the criteria, TIPO issues an "Examination Report."

Step 3: Request for Examination

- Applicant has up to 3 months to file a request for examination after receiving the Examination Report.

Step 4: Substantive Examination

- TIPO conducts a substantive examination to determine the novelty, inventive step, and industrial applicability of the invention.

Step 5: Grant of Patent

- If the examination is successful, TIPO grants a patent for a term of 20 years.

Additional Steps:

1. Request for Search: Before filing an application, applicants may request a search to determine the prior art in the relevant field (optional but recommended).

2. Preliminary Examination: TIPO may conduct a preliminary examination to identify any obvious objections before issuing an Examination Report (optional).

3. Publication and Opposition: After examination, the application is published in the "Tanzania Official Gazette." Third parties have 3 months to file objections.

4. Renewal: The patent must be renewed every year to maintain its validity.

Required Documents:

- Patent application form
- Description of the invention
- Claims
- Drawings (if necessary)
- Filing fee
- Request for examination fee
- Search fee (if requested)