(ii)
(4)
Article 34 of the Patent Co-operation Treaty and which
is annexed to the international preliminary examination
report,shall be deemed to have been allowed in terms
of section 51 but may be set aside in terms of
subsection (10) of that section if the amendment does
not comply with subsection (6) or
(7) thereof.
Save as provided for in this Chapter, the provisions relating to an
application for a patent accompanied by a complete specification shall
mutatis mutandis apply to the national phase of an international
application, and to any patent granted thereon.
[S. 43F inserted by s. 38 of Act No. 38 of 1997 and substituted by s. 6 of Act
No. 58 of 2002.]
CHAPTER VI
GRANT, DURATION AND EFFECT OF PATENTS
44. Granting and sealing of patent.
45.
(1)
As soon as practicable after the publication contemplated in section
42, a patent in the form prescribed shall be granted to the applicant,
and the registrar shall cause the patent to be sealed with the seal of
the patent office, and such sealing shall be deemed to have been
effected on the date of that publication.
(2)
The date on which that sealing is so deemed to have been effected
shall for the purposes of this Act be the date of the sealing of the
patent.
(3)
The patent shall have effect from the date of the publication
mentioned in subsection (1).
(4)
No proceedings for the infringement of a patent shall be instituted
within a period of nine months from the date of the sealing thereof:
Provided that the commissioner may, on good cause shown, grant
leave to institute such proceedings at any time after the date of the
sealing of the patent.
Effect of patent.
(1)
The effect of a patent shall be to grant to the patentee in the Republic,
subject to the provisions of this Act, for the duration of the patent, the
right to exclude other persons from making, using, exercising,
disposing or offering to dispose of, or importing the invention, so that
he or she shall have and enjoy the whole profit and advantage
accruing by reason of the invention.
[Sub-s. (1) substituted by s. 40 of Act No. 38 of 1997.]
(2)
The disposal of a patented article by or on behalf of a patentee or his
licensee shall, subject to other patent rights, give the purchaser the
right to use, offer to dispose of and dispose of that article.
[Sub-s. (2) substituted by s. 7 of Act No. 58 of 2002.]
46.
Duration of patent.