(1) Where the applicant fails to submit amendments in accordance
with regulation 28(2) of these Regulations or where the amendments are
submitted but the registrar finds that the conditions referred to in Part III of
the Act and sections 13(2) (a), (b), (c) and (d), 14 and 17(2) of the Act have
not been fulfilled, he or she shall refuse to grant the patent and notify the
applicant accordingly, stating the reasons for refusal.
(2) Where two or more applications for the grant of a patent for the
same invention bearing the same filing date or priority date are filed by the
applicant, the registrar may refuse the grant of a patent in respect of more
than one of the applications and shall notify the applicant accordingly.
31.
Annual maintenance fee.
(1) The annual maintenance fee and any surcharge in case of late
payment of the annual maintenance fee payable under section 32 of the Act
shall be as prescribed in the Second Schedule to these Regulations.
(2) The annual maintenance fee shall be due on the anniversary date
of the filing of the application and shall be payable on or before that date in
each successive year.
(3) The registrar shall, at least one month prior to the date on which
the annual maintenance fee is due, issue a reminder in writing to the
applicant.
(4) Where a patent lapses under section 32(4) of the Act, the
registrar shall record the lapsed patent in the register and shall publish
notification of the lapse in the Gazette.
32.
Extension of term of patent.
(1) An application to the registrar for the extension of a patent under
section 31(2) of the Act shall be made in Form 3 set out in the First Schedule
to these Regulations.
(2) The application shall be supported by evidence setting out fully
the facts relied upon, and the evidence shall be filed either with the
application or at any time within one month after the filing of the application.
(3)
Where the extension is granted, the registrar shall—