(4)
(a)
(b)
Where the patent for the main invention is surrendered,
revoked, refused or abandoned, the patent of addition shall,
unless the commissioner or the registrar otherwise directs,
become an independent patent and the normal term of such
independent patent shall not extend beyond the date on which
the patent for the main invention would have expired if it had
not been surrendered, revoked, refused or abandoned.
The prescribed renewal fees which would have been payable
in respect of the patent for the main invention shall, as from the
date on which a patent becomes an independent patent in
terms of paragraph (a), be payable in respect of the lastmentioned patent.
[Sub-s. (4) substituted by s. 3 of Act No. 67 of 1983.]
40.
(5)
An application for a patent of addition shall not be accepted before the
acceptance of the application for the patent for the main invention:
Provided that where no patent is granted for the main invention, the
application for a patent of addition may be dealt with as an ordinary
application for a patent.
(6)
The grant of a patent of addition shall be conclusive evidence that the
invention is a proper subject for such a patent, and shall not be
refused, nor shall any such patent be liable to be revoked or
invalidated, on the ground only that the invention claimed in the
complete specification does not involve any inventive step having
regard to the main invention.
(7)
A patent for a main invention and its patent of addition shall not be
capable of assignment apart from one another.
Lapsing of applications.
If a complete specification is not accepted within 18 months from the date of
an application, the application shall lapse unless—
41.
(a)
an appeal has been lodged in respect of the application;
(b)
the time within which such appeal may be lodged has not expired; or
(c)
the delay in accepting the specification was not due to any act or
omission on the part of the applicant: Provided that where an
application is made for an extension of time for the acceptance of a
complete specification, the registrar shall, on payment of the
prescribed fee, grant an extension of time to the extent applied for, but
not exceeding three months: Provided further that the registrar may,
on good cause shown and on payment of the prescribed fee, grant a
further extension of time.
Disposal of specifications in lapsed applications.
Where no priority has been claimed under section 31 (1) (a) from an
application accompanied by a provisional specification and the application
has lapsed, or an application and every application claiming priority from it
has lapsed or has been abandoned or has been finally refused, the registrar
shall at the request of the applicant made in the prescribed manner return to