Act 3
Industrial Property Act
2014
(3) Where no request is made under subsection (2) within the
prescribed period, the application shall be taken to be abandoned.
(4) Where a request is filed under subsection (2), the registrar shall
cause an examination of the application to be made as to whether—
(a) the invention in respect of which the application is made is
patentable within the meaning of this Act; and
(b) the application complies with the requirements of section
22(5) and (6).
(5) For the purposes of the examination under subsection (4), the
registrar may submit the application together with the relevant documents
to an examiner or other competent authority for examination as to the
patentability of the claimed invention and the examiner or other competent
authority shall submit a report of the findings of the examinations to the
registrar and the registrar shall submit a copy of it to the applicant.
(6) Except where an application is subject to an internationaltype search under section 30, the registrar shall cause an examination
to be carried out as to whether the application complies with the
requirements of unity of invention prescribed under section 22 and
the rules pertaining to it.
(7) Where the registrar is of the opinion that the requirements of
unity of invention have not been complied with, the registrar shall
request the applicant to restrict or divide the application.
(8) Where, taking due account of the conclusions of a report
referred to in subsection (6), the registrar is of the opinion that any of the
conditions referred to in subsection (2) are not fulfilled, the registrar shall
notify the applicant accordingly and request him or her to submit his or
her observations and, where applicable, to amend his or her application.
(9) Where, in spite of any observation or amendment submitted
by the applicant, the registrar finds that any of the conditions referred
to in subsection (2) are not fulfilled, the registrar shall refuse to grant
a patent and notify the applicant accordingly.
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