No. 4907
Government Gazette 23 March 2012
Act No. 1, 2012
(c)
27
INDUSTRIAL PROPERTY ACT, 2012
a description which, on the face of it, appears to be a specification in
respect of an invention.
(2)
If the Registrar finds that the application did not, at the time of receipt,
comply with the requirements of subsection (1), the Registrar must invite the applicant
to file the required correction within the prescribed time.
(3)
The Registrar must accord as the filing date of the application the date
of receipt of the required correction referred to in subsection (2).
(4)
Where the applicant fails to make the required correction within the
prescribed time, the application must be treated as if it had not been filed.
(5)
Where the application refers to drawings which in fact were not
included in the application, the Registrar must invite the applicant to furnish the missing
drawings within the prescribed time.
(6)
If the applicant complies with the invitation referred to in subsection
(5), the Registrar must accord as the filing date of the application, the date of receipt of
the missing drawings.
(7)
If the applicant fails to comply with the invitation referred to in
subsection (5), the Registrar must accord as the filing date of the application, the date
of receipt of the application and must treat any reference to the said drawings as nonexistent.
PART 4
EXAMINATION OF APPLICATION AND GRANT OF PATENT
Examination as to form and unity of invention
35.
After according a filing date, the Registrar must examine whether -
(a)
the application complies with the requirements of sections 24, 25 and
26 or any formal requirements prescribed under this Act; and
(b)
information requested under section 30, if any, has been provided,
and must proceed to have the application examined as contemplated in section 36 or
in such manner and by such persons or institutions as may be prescribed.
Examination as to substance
36.
(1)
Where the Registrar is satisfied that the application complies
with the requirements indicated in section 35, the Registrar must examine the application
or cause the application to be examined to determine whether –
(a)
the claimed invention is patentable within the meaning of sections 13 to
16; and