patents, as well as for the maintenance of classified search files.
39. Disclosure to be disregarded for prior art purposes.
(1) An applicant who wishes a disclosure of the invention not to be
taken into account in accordance with section 9(3) of the Act for prior art
purposes shall so indicate on the application and shall furnish, in writing,
with the application or within one month after filing the application, full
particulars of the disclosure.
(2) Where the disclosure was made at an exhibition, the applicant
shall file, within the same period, a duly authenticated certificate issued by
the authority responsible for the exhibition containing particulars of the
exhibition and stating that the invention was in fact exhibited there.
40. Time limits for furnishing information.
(1) The time limits to be specified for furnishing the information
requested under section 17 of the Act shall not be less than two nor more than
six months from the date on which the request is made.
(2) The registrar may, upon a request by the applicant, extend the
time limit prescribed under subregulation (1) of this regulation.
(3) If the applicant replies that the documents requested under section
17 of the Act are not yet available, the registrar may suspend the procedure
for the examination of the application until the documents are furnished.
41. Exploitation of patented invention by the Government or third
persons authorised by the Government.
(1) The Minister shall, before making a direction under section 29 of
the Act, consult the registrar, and give the owner of the patent, beneficiaries
of nonvoluntary licences, and any other persons whose participation he or she
considers useful, at least twenty-one days’ notice in writing of the date on
which they may be heard.
(2) The owner of the patent shall give written notice of the hearing
to all licensees, and they shall have the right to participate in the hearing.
(3) The Minister shall, after the hearing, make his or her direction in