19.
Examination
(1)
(2)
The Controller shall, after according a filing date, examine (a)
whether the application complies with section 14 and any other provisions of
this Act; and
(b)
whether any information requested under sections 16 and 17 has been provided.
For the purposes of subsection (1), the Controller shall take into account (a)
20.
21.
the results of any international search reports, and
preliminary reports, made in relation to the application;
any
international
(b)
any search and examination report submitted under section 17(2)(a); and
(c)
any final decision submitted under section 17(2)(c).
Grant of patent
(1)
Where the Controller finds that the conditions referred to in section 19(1) have
been fulfilled, he shall grant the patent.
(2)
Where an application fails to comply with the conditions referred to in section
191), the Controller shall reject the application and notify the applicant of his
decision.
(3)
Where the Controller grants a patent, he shall(a)
cause to be published, a reference to the grant of the patent, in such manner
as may be prescribed;
(b)
issue to the applicant a certificate of the grant of the patent and a copy of
the patent;
(c)
record the patent; and
(d)
make available copies
prescribed fee.
of
the
patent
to
the
public,
on
payment
of
the
(4)
The Controller may, upon a request of the owner of the patent, make any change in
the text or drawings of the patent in order to limit the extent of the protection
conferred thereby, provided that the change would not result in the disclosure
contained in the patent going beyond the disclosure contained in the initial
application on the basis of which the patent was granted.
(5)
Any request under subsection (4) shall be accompanied by the prescribed fee.
(6)
The Controller, shall, whenever possible, reach a final decision of the application
not later than two years after the commencement of the examination referred to in
section 19(1).
Rights conferred by patent
(1)
Any exploitation of the patented invention in Mauritius by any person other than
the owner of the patent, shall require the latter's agreement.
(2)
For the purposes of this Act, the "exploitation" of a patented invention shall mean
(a)
where the patent has been granted in respect of a product -