(4)
Where a request is made for any such correction and it appears to the
registrar that the correction would materially alter the scope of the
document to which the request relates, the registrar may require
notice of the request to be advertised in the journal and to be served
upon such persons as he may consider necessary.
(5)
If such notice has not been so advertised and served or if it has been
so advertised and there is no opposition to such correction, the
registrar may decide the matter or refer it to the commissioner, who
shall decide it as he may deem fit.
(6)
Where such notice has been so advertised and served, any person
may oppose the request mentioned in subsection (2) within the
prescribed time and in the prescribed manner, and thereupon the
matter shall be dealt with by the commissioner as he may deem fit.
51.
Amendment of specification.
(1)
An applicant for a patent or a patentee may at any time apply in the
prescribed manner to the registrar for the amendment of either the
relevant provisional specification or the relevant complete
specification, and shall in making such application, set out the nature
of the proposed amendment and furnish his full reasons therefor.
(2)
An application for the amendment of a specification that is open to
public inspection shall, except in the case of an application so open in
terms of section 43 (3), be advertised in the prescribed manner.
(3)
(a)
Any person may oppose such application for amendment
within the prescribed time and in the prescribed manner.
(b)
Such opposition to such application for amendment shall be
dealt with by the commissioner in the prescribed manner, and
the commissioner shall determine whether and on what
conditions, if any, the amendment ought to be allowed.
(4)
Where the acceptance of a specification concerned has not been
published in terms of section 42 or there is no opposition in terms of
subsection (3) (a) of this section, the registrar may determine whether
and on which conditions, if any, the amendment ought to be allowed.
[Sub-s. (4) substituted by s. 7 (a) of Act No. 67 of 1983.]
(5)
An amendment of a provisional specification shall be allowed if it is by
way of correction, including correction of an obvious mistake, and no
amendment of a provisional specification shall be allowed if it would
introduce new matter or matter not in substance disclosed in the
specification sought to be amended.
(6)
No amendment of a complete specification which becomes open to
public inspection after the publication of the acceptance of the
specification in terms of section 42, whether before or after it so
becomes open to public inspection, shall be allowed if—
(a)
the effect of the amendment would be to introduce new matter
or matter not in substance disclosed in the specification before
amendment; or