No. 4907
Government Gazette 23 March 2012
Act No. 1, 2012
29
INDUSTRIAL PROPERTY ACT, 2012
(2)
The Registrar may, instead of or in addition to conducting the
examination of an application as contemplated in section 36, refer the application to an
external search and examination authority as approved by the Minister.
Grant or refusal of patent
38.
(1)
If the Registrar is satisfied that the application as originally
filed or as amended complies with the requirements of sections 35 and 36 the Registrar
must grant the patent.
(2)
If the Registrar is satisfied that the requirements of sections 35 and 36
have not been complied with despite arguments submitted in terms of section 36(4) or
changes made to the description, claims or drawings in accordance with section 27 or
section 36, the Registrar must refuse the application and notify the applicant accordingly.
(3)
The Registrar must, whenever possible, make a final decision on the
application not later than two years after the commencement of the examination referred
to in section 35.
Registration and publication of patent
39.
(1)
(a)
publish a reference to the grant of the patent in the bulletin;
(b)
issue to the applicant a certificate of the grant of the patent; and
(c)
record the patent in the relevant register.
Where the Registrar grants a patent, he or she must –
(2)
The Registrar must, on payment of the prescribed fee, make available a
copy or copies of any patent granted under this section to any person who requests for
such a copy.
Amendment of patent
40.
(1)
The owner of the patent may, at any time after the grant of
the patent, request the Registrar to amend the patent in order to limit the extent of the
protection conferred by the patent or by making changes in the description, claims or
drawings of the patent provided that the amendment would not –
(a)
result in the introduction into the specification of matter not in
substance disclosed in the initial disclosure contained in the application
on the basis of which the patent was granted; or
(b)
result in a claim which is not wholly within the scope of a claim
contained in the specification before the amendment.
(2)
The request for the amendment of a patent must, in the prescribed
manner, be published in the bulletin.