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A document which did not accompany an application in terms of regulation 22 (1) shall
be lodged on Form P5.
39. Requests and applications to the registrar
Unless otherwise provided, any request or application to the registrar shall be made on
Form P4 in duplicate quoting the section of the Act or the regulation or both under
which relief is sought and shall set out the relief claimed. The duplicate of the form shall
be returned to the applicant or his agent.
40.
E
xamination
Any application accompanied by a provisional specification shall be examined to ensure
that the documents lodged are legible and capable of reproduction.
41. The registrar shall examine the application accompanied by a complete specification in
order to ensure that it complies with the prescribed formalities.
42. The applicant shall remedy any defect or comply with any direction under regulation 18,
22 (2), 40 or 41 within a period of three months or, subject to the provisions of section
40 of the Act, within such further period as the registrar may on request allow.
43. If an applicant fails to comply with a direction under regulation 42 within the prescribed
time or any extension thereof, the application may be treated as being abandoned and
the applicant may request the return of the documents on Form P4, provided that such
documents do not relate to documents which are open to public inspection in terms of
section 43 (3) of the Act.
44.
A
cceptance
As soon as the registrar is satisfied that an application accompanied by a complete
specification complies with the requirements of the Act, and unless there has been a
request to delay acceptance, he may accept the application and give written notice
thereof which shall be accompanied by Form P8.
45. Subject to the provisions of section 40 of the Act, an applicant may request the registrar
to delay acceptance of the application to a date not later than 18 months from the date
of application. If he desires that the acceptance be withdrawn he shall apply on Form
P4.
46. Publication of acceptance
When notice of acceptance of an application has been given by the registrar, the
applicant shall advertise the acceptance in the journal within three months of such
acceptance or within such further time as the registrar may allow on request on Form
P4.
46A. Particulars of search reports
(1) An application in terms of section 43 (4) (a) for the patentee to supply the
applicant with the prescribed particulars of any search report issued in another
country shall be made on Form P4 in triplicate.
(2) The Registrar shall forward one copy of Form P4 to the patentee at the
patentee's address for service and shall return a further copy to the applicant as
receipt of the application.