applicable, be considered formal requirements for the purpose of the Act and
these Regulations.
(3) If the registrar finds that the application does not fulfil the
requirements referred to in subregulation (1) of this regulation, he or she
shall invite the applicant to file the required corrections within two months
from the date of the invitation; and if no correction is made within the
prescribed period, the application shall be treated as if it had not been filed.
28.
Examination as to substance.
(1) Where any application is directed to be the subject of an
examination as to substance under section 20 of the Act, the examining
authority shall furnish a search and examination report which shall contain
the conclusions of the examining authority.
(2) Where, taking due account of the conclusions of the search and
examination report referred to in subregulation (1) of this regulation, the
registrar is of the opinion that any of the conditions referred to in Part III of
the Act relating to patentability and sections 13(2)(a), (b), (c) and (d), 14 and
17(2) of the Act have not been fulfilled, he or she shall notify the applicant
accordingly and invite him or her to submit his or her amended application
within six months after the date of notification.
(3) Where the registrar, taking due account of the search and
examination report, decides to grant the patent under section 21(1) of the Act,
he or she shall, by a notification to which shall be attached a copy of the
search and examination report upon which the decision is based,
communicate the decision to the applicant and request the applicant to make
payment of the grant and publication fee, within three months.
29.
Grant, registration and publication of patent.
(1) Upon the payment of the grant and publication fee, the registrar
shall, in accordance with section 21 of the Act—
(a) grant the patent and issue to the applicant a certificate of grant;
(b) publish the grant and the reference to the grant in the Gazette;
(c) allot a number to the patent in the sequential order of the grants;
(d) record the patent in the register; and
(e) issue to the applicant a certificate of the grant of the patent and
a copy of the patent.