be granted;
(iv)
be subject to the payment of the prescribed fees.
(2) (a) The Office shall examine whether the formal requirements for applications
have been complied with and shall accord the appropriate filing date to the
application.
(b) If the Office finds that the application does not comply with the formal
requirements, it shall notify the applicant accordingly, inviting him to comply with
the requirements within the prescribed period. If the applicant does not comply with
the requirements within the said period, the Office shall refuse the application.
(c) The Office shall notify each designated State of the fact that a patent application
has been filed which complies with the prescribed formal requirements.
(3) The Office shall undertake, or arrange for, the substantive examination of the
patent application. If it finds that the invention claimed in the application does not
comply with the requirements of patentability referred to in subsection (9), it shall
refuse the application.
(4) Where under subsection (2) (b) or (3) the Office refuses the application, the
applicant may, within the prescribed period, request the Office to reconsider the
matter.
(5) If the Office decides to grant the patent, it shall notify the applicant and each
designated State. Where the examination was based on a search report or an
examination report, a copy of the same shall be attached to the said notification.
(6) Before the expiration of six months from the date of the notification referred to in
subsection (5), a designated State may make a written communication to the Office
that, if a patent is granted by the Office, that patent shall have no effect in its territory
for the reason—
(i)
that the invention is not patentable in accordance with the provisions
of this Protocol; or
(ii)
that, because of the nature of the invention, a patent cannot be
registered or granted or has no effect under the national law of that State.
(7) After the expiration of the said six months, the Office shall grant the patent, which
shall have effect in those designated States which have not made the communication
referred to in subsection (6). The Office shall publish the patent granted.
(8) If the Office refuses the application notwithstanding a request for reconsideration
under subsection (4), the applicant may, within three months from being notified of
such refusal, request that his application be treated, in any designated State, as an
application according to the national law of that State.
(9) Inventions for which patents are granted by the Office shall be new, shall involve
an inventive step and shall be industrially applicable. An invention is new if it is not
anticipated by prior art. Everything made available to the public anywhere in the
world by means of written disclosure (including drawings and other illustrations) or
by use or exhibition shall be considered prior art provided that such making available
occurred before the date of filing of the application or, if priority is claimed, before
the priority date validly claimed in respect thereof and further provided that a
disclosure of the invention at an official or officially recognized exhibition shall not
be taken into consideration if it occurred not more than six months before the date of
filing of the application or, if priority is claimed, before the priority date validity
claimed in respect thereof.
(10) On each anniversary of the filing of the application, the Office shall collect the
prescribed annual maintenance fee, part of which shall be distributed among the
designated States concerned. The amount of the fee shall depend on the number of
States in respect of which the application or patent is maintained. Provided it is
maintained, a patent granted by the Office shall in each designated State have the
same effect as a patent registered, granted or otherwise having effect under the
applicable national law but not beyond the maximum duration provided for under the
said law.