(d)
Upon an application for compliance, the commissioner may
order such compliance and, if the order is not complied with,
the commissioner may make the further order that he or she
thinks fit.
[Sub-s. (4) added by s. 37 of Act No. 38 of 1997.]
CHAPTER VA
INTERNATIONAL APPLICATIONS UNDER THE PATENT COOPERATION
TREATY
[Chapter VA inserted by s. 38 of Act No. 38 of 1997.]
43A.
Interpretation.
In this Chapter, unless the context otherwise indicates—
(a)
(b)
any word or expression defined in the Patent Co-operation Treaty
shall have the same meaning as in that Treaty; and
“national phase of international application” means an application for a
patent in the Republic contemplated in section 43B, in respect of
which the applicant has complied with section 43E.
[S. 43A inserted by s. 38 of Act No. 38 of 1997 and substituted by s. 3 of Act
No. 58 of 2002.]
43B.
Effect of international application designating Republic.
Subject to this Chapter, an international application designating the Republic
shall be deemed to be an application for a patent lodged at the patent office in
terms of this Act.
[S. 43B inserted by s. 38 of Act No. 38 of 1997.]
43C.
Patent office as receiving, designated and elected Office.—The patent
office shall be.
(a)
(b)
(c)
the receiving Office in respect of an international application lodged at
it by a person who is a resident or national of the Republic;
the designated Office in respect of an international application
designating the Republic;
the elected Office, if an applicant in an international application
designating the Republic elects the Republic for the purposes of an
international preliminary examination under Chapter II of the Patent
Cooperation Treaty.
[S. 43C inserted by s. 38 of Act No. 38 of 1997.]
43D.
National processing.
The patent office as designated Office or elected Office shall not commence
processing of the national phase of an international application designating or
electing the Republic before the expiration of the period referred to in section
43E (1) except where the applicant complies with that section and lodges with
the patent office a written request for early commencement of such
processing.
[S. 43D inserted by s. 38 of Act No. 38 of 1997 and substituted by s. 4 of Act No. 58
of 2002.]
43E.
Commencement of national phase.