(b)
the specification as amended would include any claim not fairly
based on matter disclosed in the specification before
amendment.
[Sub-s. (6) amended by s. 7 (b) of Act No. 67 of 1983.]
(7)
No amendment of a complete specification which has become open to
public inspection after the publication of the acceptance of the
specification in terms of section 42 shall be allowed if the specification
as amended would include any claim not wholly within the scope of a
claim included in the specification before amendment.
(8)
Where an amendment may not be allowed by reason of the prohibition
imposed by subsection (6) (a), but it describes matter which may fairly
be associated with the matter described in the specification as framed
and the acceptance of the specification concerned has not been
published in terms of section 42, the new matter may be introduced by
way of a supplementary disclosure attached to the specification and
dated with the date on which the application for amendment is made:
Provided that in determining the validity of the patent under this Act,
regard shall be had to the priority date of the new matter introduced by
way of the supplementary disclosure.
[Sub-s. (8) substituted by s. 3 (a) of Act No. 44 of 1986 and amended by s.
43 of Act No. 38 of 1997.]
(9)
Where any proceedings relating to an application for a patent or a
patent are pending in any court, an application for the amendment of
the relevant specification shall be made to that court, which may deal
with such application for amendment as it thinks fit but subject to the
provisions of subsections (5), (6) and (7), or may stay such pending
proceedings and remit such application for amendment to the registrar
to be dealt with in accordance with subsections (2), (3) and (4).
[Sub-s. (9) substituted by s. 3 (b) of Act No. 44 of 1986.]
(10)
52.
Any amendment of a specification made in conflict with the provisions
of this section, other than an amendment allowed by the
commissioner or a court, may be set aside by the commissioner at
any time on application made to him.
Rectification of register.
The registrar may order the register to be rectified by the making, amendment
or deletion of any entry therein, and such order may be made either on a
request in the prescribed manner or without such request: Provided that
where the registrar intends to make an order otherwise than upon a request,
he shall give notice of his intention to do so to the patentee or the applicant
for the patent, as the case may be, and to any other person who appears to
him to be concerned, and shall give such patentee or applicant or other
person an opportunity of being heard before making the order.
CHAPTER VIII
LICENCES
53.
Licences of right.