No. 4907
Act No. 1, 2012
Government Gazette 23 March 2012
25
INDUSTRIAL PROPERTY ACT, 2012
(3)
The effect of the said declaration is as provided in the Paris Convention,
including that –
(a)
if the invention claimed in the application is fairly based on matter
disclosed in one or more of such earlier applications, the priority
date of the invention is the date on which the earliest of such earlier
applications was filed; and
(b)
the invention claimed in the application may have one or more priority
dates.
(4)
If the Registrar finds that the requirements under this section have not
been fulfilled, the said declaration is deemed not to have been made, and the date of the
application will be the filing date accorded to the application as provided for in section
34.
Information concerning corresponding foreign applications
30.
(1)
The applicant must, within the prescribed period, furnish the
Registrar with date and number of any application for a patent or other title of protection
filed by the applicant abroad (herein referred to as a foreign application) relating to the
same or essentially the same invention as that claimed in the application filed with the
Office.
(2)
The applicant must furnish the Registrar with the following documents
relating to any one of the foreign applications referred to in subsection (1)
(a)
a copy of any communication received by the applicant from any
search or examination authority concerning the results of any search or
examination carried out in respect of the foreign application;
(b)
a copy of the patent or other title of protection granted on the basis of
the foreign application;
(c)
a copy of any final decision rejecting the foreign application or refusing
the grant requested in the foreign application.
(3)
Where the document mentioned in subsection (2) is not available at the
time of application for a patent, the document must be provided to the Registrar within
the prescribed period after the applicant receives the relevant document.
(4)
with –
The applicant must, within the prescribed period, furnish the Registrar
(a)
information relating to the withdrawal or surrender of a foreign patent
application referred to in subsection (1);
(b)
information relating to the surrender of a patent or other title of
protection granted on a foreign application referred to in subsection
(1); or