842 No. 40 of 2016]
Effects of
directions on
application
Patents
(2) Where an application for the grant of a patent is filed with
the Registrar, in accordance with this Act, and it appears to the
Registrar that the application contains information, referred to in
subsection (1), the Registrar may give directions prohibiting the
publication or communication of such information to an unauthorised
person for a period not exceeding three months from the date on
which such application was to be published in accordance with
section fifty-four.
(3) A person who contravenes any provision of this section,
commits an offence and is liable, upon conviction, to a fine not
exceeding two hundred thousand penalty units or to imprisonment
for a term not exceeding two years, or to both.
95. (1) The directions issued by the Registrar, in section
ninety-four, shall have the following effects on an application for
the grant of a patent:
(a) where the application is made or considered to have been
made in accordance with this Act, it may be processed
but—
(i) the application shall not be published;
(ii) any information relating to the application shall
not be communicated to any unauthorised
person; and
(iii) a patent shall not be granted as applied for;
(b) where it is an application for an ARIPO patent, the
application shall not be sent to the ARIPO office; and
(c) where it is an international application, a copy shall not be
sent to the International Bureau or to any International
Searching Authority appointed in accordance with the
Patent Cooperation Treaty.
(2) Where the Registrar issues directions against an application
for the grant of a patent, as specified in section ninety-four, the
Registrar shall give notice, within a prescribed period, to the Minister
responsible for defence or the Minister responsible for internal
security, as the case may be, of such directions and the reasons for
the directions and the Minister shall, on receipt of the notice, consider
whether the publication or communication of such an application
and the information contained in the application would be prejudicial
to the defence of the country or the safety of the public.
(3) Where the Minister responsible for defence or the Minister
responsible for internal security, as the case may be, after
considering the notice, referred to in subsection (2), determines