38.
39.
Circumstances in which complete specifications may be changed to
provisional specifications, and post-dating of applications.
(1)
Where an application for a patent (not being an application mentioned
in section 31 (1) (c) is accompanied by a specification purporting to be
a complete specification, the registrar may, if the applicant so requests
in the prescribed manner at any time before the acceptance of the
specification but not later than 12 months from the date on which the
application was lodged at the patent office, direct that it be treated for
the purposes of this Act as a provisional specification and deal with
the application accordingly.
(2)
At any time after an application has been lodged at the patent office,
and before acceptance of the complete specification, the registrar
may, at the request of the applicant, made in the prescribed manner,
direct that the application be post-dated to such date as may be
specified in the request: Provided that—
(a)
no application shall be post-dated under this subsection to a
date later than six months from the date on which it was
actually so lodged or would, but for this subsection, be deemed
to have been so lodged;
(b)
an application claiming priority shall not be post-dated under
this subsection 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 shall be post-dated if priority has been claimed
on the basis of that application by the applicant or his
successors or predecessors in title in the Republic or
elsewhere in a subsequent application for a patent which
leaves any rights outstanding.
Manner of obtaining and effect of patent of addition.
(1)
Where a patent for an invention (hereinafter referred to as the main
invention) has been applied for or granted, and the applicant or the
patentee applies in the prescribed manner for a further patent in
respect of any addition to, improvement in or modification of the
invention described or claimed in the complete specification of the
main invention, he may be granted a patent of addition.
(2)
The period for which such patent of addition shall be granted, shall be
so much of the period of the patent for the main invention as is
unexpired, and no fees shall be payable for the renewal of such patent
of addition.
(3)
Where an invention consisting of an addition to or improvement in or
modification of a main invention is the subject of an independent
patent, and the patentee in respect of the independent patent, being
also the patentee in respect of the main invention, so requests, the
registrar may revoke the independent patent and grant a patent of
addition in respect of the addition, improvement or modification,
having the same date of application as the independent patent so
revoked, and having effect from the date as from which that patent
had effect.