Patents
[CAP.400
13. (I) Every application for a patent. other than a convention
application. shall be accompanied by either a complete specification
or a provisional specification and every convention application shall
be accompanied by acomplete specification.
•
, (2) If a complete specification does not accompany an applica
tion. it shall be lodged within twelve months after the date of lodg
ing of the application or within such further period. not exceeding
three monthssas the Registrar may in writing allow upon payment of
the prescribed fee. and if the provisions of this subsection are not
complied with the application shall lapse.
.
(3) Where two or more applications accompanied by provisional
specifications have been lodged in respect of inventions which are
cognate or of which ~me is a modification of another. a single complete
specification may, subject to the provisions of this section and section
fourteen. be lodged in pursuance of those applications. or, if more than
one complete specification has been lodged, may with the leave of the
Registrar be proceeded with in respect of those applications.
(4) Where applications for protection have been made in one or
more convention countries in respect of two or more inventions
which are cognate or of which one is a modification of another, a sin
gle convention application may, subject to the provisions of sections
eleven and fourteen, be made in respect of those inventions at any
time within twelve months from the effective date of the earliest of
the said applications for protection.
(5) In consic-ving the validity of applications made in terms of
subsection (3) or (4) and in determining other relevant matters under
this Act, the Registrar shall have regard to the effective dates of the
applications or the convention applications concerned relating to the
sexeral matters claimed in the specification, and the requirements of
subsection (4) of section twelve shall, in the case of any such appli
cation, apply separately to the applications for protection in respect
of each of the said inventions.
(6) Where an application for a patent. not being a convention
application, is accompanied by a specification purporting to be a
.omplete specification, the Registrar may. if the applicant so requests
at any time before the acceptance of the specification, direct that it
shall be treated for the purposes of this Act as a provisional specifi
cation and proceed with the application accordingly.
(7) Where a complete specification has been lodged in pursuance
of an appli-ation for a patent accompanied by a provisional specifi
cation or by a specification treated by virtue of a direction under sub
section (6) as a provisional specification. the Registrar may, if the
applicant so requests at any time before the acceptance of the com
plete specification. cancel the provisional specification and post-date
the application to the date of lodging of the complete specification.
17
Complete and
provisional
specifications