24
No. 10
Patents and Industrial Designs Act
2012
PART VI - INTERNATIONAL APPLICATIONS UNDER THE
�
PATENT COOPERATION TREATY AND THE ARIPO
�
PROTOCOL
�
Interpretation
of terms
relating to
the patent
cooperation
treaty.
Filing date
and effects of
International
application
designating
Sierra Leone.
Receiving
Office.
38. � For the purposes of this Part "designate", designated Agency", "elected Agency",
"international application", "international filing date",
"international preliminary examination", and "receiving
Agency" have the same meanings as in the Patent
Co-operation Treaty.
39. An international application designating Sierra Leone shall,
subject to this Part, be treated as an application for a patent filed
under this Act having as its filing date the international filing date
accorded under the Patent Cooperation Treaty.
40. The Registry shall act as receiving office in respect of an
international application filed with it by a resident or citizen of Sierra
Leone.
Filing of
International
applications
with the
Registry.
41. An international application filed with the Registry as
receiving Office shall be filed in English and the prescribed transmittal
fee shall be paid to the Registrar within one month from the date of
receipt of the international application.
Designated
Office.
42. The Registry shall act as a designated office in respect of
an international application in which Sierra Leone is designated for
the purposes of obtaining a national patent under this Act.
Elected
Office.
43. The Registry shall act as elected Office in respect of an
international application in which Sierra Leone is designated as referred
to in section 42 if the applicant elects Sierra Leone for the purposes
of international preliminary examination under Chapter II of the Patent
Cooperation Treaty.
Processing of
international
applications.
44. The Registry as designated office or elected office shall
not commence processing of an international application designating
Sierra Leone before the expiration of the time limit referred to in section
41 except if the applicant complies with the requirements of that section
and files with the Agency an express request for early commencement
of the processing.
No. 10
Patents and Industrial Designs Act
25
2012
45. The applicant in respect of an international application Entering
designating Sierra Leone shall, before the expiration of the time limit national
phase.
applicable under Article 22 or 39 of the Patent Cooperation Treaty or
such later time as may be prescribed (a) � pay the prescribed fee to the Registrar; and
(b) � if the international application under the
Patent Cooperation Treaty as a translation
into English, file with the Registrar an English
translation of the international application
46. If the applicant does not comply with the requirements of
section 45 within the time limit referred to in that section, the
international application shall be considered withdrawn for the
purposes of this Act
Failure to
enter
national
phase.
47. (1) The Registrar shall process international applications in
accordance with the Patent Cooperation Treaty, the Regulations and
administrative instructions made under it and with this Act.
Processing of
international
applications
in accordance
with Treaty.
(2) In the event of conflict, the Patent Cooperation Treaty,
the Regulation and the Administrative instructions made under the
Treaty shall prevail over the provisions of this Act.
(3) Regulations may be made under this section to
provide for the payment of fees, time limits, prescribed languages
and other requirements relating to international applications.
48. (1) Relief may be sought in respect of acts committed
before the grant of the patent but after the date of international
publication was effected in English.
(2) Where the international publication was effected in a
language other than English, subsection (1) shall apply if the applicant
had transmitted an English translation of the international publication
to the infringer and only in respect of acts committed by the latter
after he has received the translation.
Provisional
protection of
published
international
applications.