The Industrial Property Act, 2001
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form for the examination of the application pursuant to provisions of
subsection (3).
Provided that where no request is made within the prescribed period, the
application shall be deemed to be abandoned.
(3) Where a request is filed under subsection (2), the Managing Director
shall cause an examination of the application to be made as to whether: (a) the invention in respect of which the application is made is patentable
within the meaning of this Act; and
(b) the application complies with the requirements of subsections (5) and
(6) of section 34.
(4) For the purposes of the examination under subsection (3), the Managing
Director may submit the application together with the relevant documents to
an examiner or the competent authority for examination as to the
patentability of the claimed invention and the examiner or the competent
authority shall submit a report of the findings of the examination to the
Managing Director who shall submit a copy thereof to the applicant.
(5) Save where an application is subject to an international-type search under
section 43, the Managing Director shall cause an examination to be carried
out as to whether the application complies with the requirements of unity of
inventions prescribed under section 35 and the regulations pertaining
thereto.
(6) If the Managing Director is of the opinion that the requirements of unity
of invention shave not been complied with, he shall invite the applicant to
restrict or divide the application:
Provided that where the applicant fails to do so, the Managing Director shall
reject the application.
(7) Where, taking due account of the conclusions of any report referred to in
subsection (5), the Managing Director is of the opinion that any of the
conditions referred to in subsection (2) are not fulfilled, he shall notify the
applicant accordingly and invite him to submit his observations and, where
applicable, to amend his application.
(8)Where, despite any observation or amendment submitted by the applicant,
the Managing Director finds that any of the conditions referred to in
subsection (2) are not fulfilled, he shall refuse the grant of a patent and
notify the applicant accordingly.
(9)The details of the requirements and the procedure to be followed under
this section shall be prescribed by the regulations.
Grant,
registration and
publication of a
45. (1) Unless an application has been rejected under sections 41 and 43 or a
patent has been refused under section 44, a patent shall be granted and
issued to the applicant in the prescribed form.