26.
Patent Cooperation Treaty
(1)
For
the
"elected
purposes
Office,"
"international
of
this
section
"international
preliminary
"designate,"
application,"
examination"
and
"designated
Office,"
"international
"receiving
Office"
"elect,"
filing
have
date,"
the
same
meanings as in the Patent Cooperation Treaty.
(2)
An international application designating Mauritius shall, subject to this section,
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.
(3)
The Controller shall, unless any agreement is in force under subsection (4), act as
a receiving Office in respect of any international application filed with it by a
resident or national of Mauritius.
(4)
The Controller may, with the consent of the Minister, make an agreement of the kind
referred to in Rule 19.1 (b) of the Regulations made under the Patent Cooperation
Treaty whereby an intergovernmental organization or the national industrial
property office of another Contracting State of the Patent Cooperation Treaty shall
act instead of the Controller as receiving Office for applicants who are residents
or nationals of Mauritius.
(5)
The Controller shall act as a designated Office in respect of an international
application in which Mauritius is designated for the purposes of obtaining a patent
under this Act.
(6)
The Controller shall act as an elected Office in respect of an international
application in which Mauritius is designated under subsection (5) if the applicant
elects Mauritius for the purposes of international preliminary examination under
Chapter II of the Patent Cooperation Treaty.
(7)
The Controller as designated Office or elected Office shall not commence processing
of an international application designating Mauritius before the expiration of the
time limit referred to in subsection (8) except if the applicant complies with the
requirements of that subsection and files with the Controller an express request
for early commencement of such processing.
(8)
The
applicant
shall,
in
respect
of
an
international
application
designating
Mauritius, before the expiration of the time limit applicable under Article 22 or
39
of
the
Patent
Cooperation
Treaty
or
of
such
later
time
limit
as
may
be
prescribed (a)
pay the prescribed fee to the Controller; and
(b)
if the international application was not filed in English, and has not been
published
under
the
Patent
Cooperation
Treaty
in
English,
file
with
the
Controller a translation of the international application, containing the
prescribed contents, into English.
(9)
Where the applicant does not comply with the requirements of subsection (8) within
the time limit referred to in that subsection, the international application shall
be considered withdrawn.