(1)
Before the expiration of the applicable period contemplated in Article
22 or 39 of the Patent Cooperation Treaty or of such further period as
may be prescribed by regulation under this Act, the applicant in
respect of an international application designating or electing the
Republic shall—
(a)
pay the prescribed national fee to the patent office; and
(c)
if the international application has not been lodged or
published in terms of the Patent Co-operation Treaty in
English, lodge at the patent office within the prescribed
period a translation of the international application, containing
the prescribed contents, in an official language of the Republic.
[Para. (b) substituted by s. 5 (a) of Act No. 58 of 2002.]
(2)
If the applicant does not comply with subsection (1) within the period
referred to in that subsection, the international application concerned,
insofar as the Republic is designated or elected, shall be deemed to
have been abandoned for the purposes of this Act.
Sub-s. (2) substituted by s. 5 (b) of Act No. 58 of 2002.]
(3)
The registrar may upon application made either before or after the
expiry of the further period contemplated in subsection (1), extend the
period for a further period not exceeding three months.
[S. 43E inserted by s. 38 of Act No. 38 of 1997. Sub-s. (3) added by s. (5) (c)
of Act No. 58 of 2002.]
43F.
Administration.
(1)
When processing the national phase of an international application,
the patent office shall, subject to subsections (2), (3) and (4) apply the
Patent Co-operation Treaty, the regulations made thereunder and the
administrative instructions issued under those regulations, and the
other provisions of this Act.
(2)
When processing the national phase of an international application, he
Patent Co-operation Treaty, the regulations made thereunder and the
administrative instructions issued under those regulations shall prevail
in the event of any conflict with this Act.
(3)
When processing the national phase of an international application
designating the Republic—
(a)
(i)
section 9 (b) shall not apply; and
(ii)
the applicant shall be represented by an agent who
shall be appointed within the prescribed time;
(b)
section 10 shall apply only if the applicant complies with
section 43E and the applicant who so complies shall, for the
purposes of section 10, be deemed to be the applicant in
respect of the national phase of the international application;
(c)
section 16 (2) shall apply in relation to time limits specified in
terms of the Patent Co-operation Treaty, the regulations made
thereunder and the administrative instructions issued under
those regulations unless otherwise provided therein;
(d)
(i)
section 30 (1), (5) and (6) shall not apply;
(e)
(i)
the description, claims, drawings (if any) and