Act 3
Industrial Property Act
2014
(2) Where the international search report which relates to one or
some of the claims due to the applicant’s refusal to pay additional
fees, those parts of the international application which consequently
have not been searched shall be considered withdrawn unless the
applicant divides out from the application as provided for in section
23(2) the parts concerned or satisfies the registrar that the request to
pay the additional fees was not justified.
(3) Where an international preliminary examination report with
respect to an international application has been communicated to the
registrar, the following provisions shall apply—
(a) where, in the case of lack of compliance with the requirements
of unity of invention, the international preliminary examination
report indicates that the international preliminary examination
was carried out on restricted claims, or was carried out on the
main invention only, those parts of the international preliminary
examination shall be considered withdrawn unless the
applicant divides the application into divisional appplications in
accordance with as provided for in section 23(2) in parts
concerned or satisfies the registrar that the invitation of the
international preliminary examining authority was not justified;
and
(b) where the international preliminary examination report
states, with respect to the entire international application or
one or some of its claims only, the opinion that a defect
under article 34(4) (a) of the Patent Cooperation Treaty
exists under the international application or the claim or
claims, as the case may be, the application shall be
considered withdrawn unless the applicant satisfies the
registrar that the defects do not exist.
(4) The registrar may refuse to grant a patent if it is apparent from an
international search report or an international preliminary examination
report that the invention which is claimed in an international application
does not fulfill the requirements of novelty, inventive step, industrial
applicability, or required disclosure unless the applicant either satisfies the
registrar that the requirements have been fulfilled or amends the claims in
such a way that fulfils the requirements.
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