26
Government Gazette 23 March 2012
Act No. 1, 2012
(c)
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
a copy of any final decision invalidating or revoking the patent or
other title of protection granted on a foreign application referred to in
subsection (1).
(5)
Subsection (2)(a) does not apply in respect of information relating to
the examination of the same international application in another elected office where the
Office is an elected office in the meaning of section 81 and has received or will receive
an international preliminary report on patentability.
Post-dating of application
31.
The applicant may, at any time before a patent is granted, in the
prescribed manner request the Registrar to direct that the application be post-dated to
such date as may be specified in the request, except that –
(a)
no application may be post-dated under this section to a date later than
six months from the date on which it was actually lodged;
(b)
an application claiming priority in terms of section 29 may not be postdated under this section to a date later than the last date on which, under
the provisions of this Act, the application could have been lodged; and
(c)
no application may be post-dated if priority has been claimed on the
basis of that application by the applicant or his or her successors or
predecessors in title in a subsequent application for a patent which
leaves any rights outstanding.
Withdrawal of application
32.
application.
The applicant may, at any time before a patent is granted, withdraw the
Conversion of patent application
33.
(1)
The applicant may at any time before a patent is granted or
refused, in the prescribed manner, apply to the Registrar for the patent application to be
converted to an application for a utility model as contemplated in section 90(1).
(2)
Such application for a utility model must be accorded as its filing date,
the filing date of the patent application as provided for in section 34.
Filing date
34.
(1)
The Registrar must accord as the filing date of the application,
the date of receipt of the application, provided that at the time of its receipt, the
application contains –
(a)
an express or implicit indication that the granting of a patent is sought;
(b)
information allowing the identity of the applicant to be established;
and