PATENT PROSECUTION REGIME IN MAINLAND TANZANIA: A 'PROSECUTOR–GRANTOR PERSPECTIVE'

Abstract

In the context of patent law, the term prosecution refers to the interaction process between a patent applicant and a national patent office concerning an application for a patent and other subsequent proceedings related to such grant. It serves the overarching purpose of verifying whether or not the claimed invention meets the mandatory formality and substantive legal requirements. This article employs a 'prosecutor–grantor perspective' to critically examine the efficacy of the patent prosecution regime of Mainland Tanzania. It identifies legal and institutional challenges limiting patent prosecution. These challenges include: (i) neither the Patents (Registration) Act, 1987 nor its Patents Regulations, 1994 provide for the procedural guidance on how to process appeals from the Registrar's Office to the High Court thereby creating a legal limbo; (ii) legal issues and dilemmas surrounding the prosecution of AI-generated inventions, and public order and morality exceptions during the examination process; (iii) undeveloped jurisprudence due to the underutilisation of the High Court; and (iv) infrastructural limitations, understaffing, and underqualified staff in the Patent Office. While drawing some lessons from other jurisdictions, such as Kenya and India, the article proceeds to recommend that Mainland Tanzania amend and restructure its existing patent prosecution regime to address identified legal and institutional challenges, benefiting all parties involved.