modification of another, a single Convention application may, subject to this section
and section nine, be made in respect of those matters at any time within twelve
months from the effective date of the earliest of the said applications for protection.
(5) In considering the validity of applications made in terms of subsection (3) or (4)
and in determining other relevant matters under this Act the Registrar shall have
regard to the effective dates of the applications or the Convention applications
concerned relating to the several matters claimed in the specification, and the
requirements of subsection (4) of section seven shall, in the case of any such
application, apply separately to the applications for protection in respect of each of
the said matters.
(6) Where an application for a patent, not being a Convention application, is
accompanied by a specification purporting to be a complete specification, the
Registrar may, if the applicant so requests at any time before the expiration of the
period specified in subsection (2) and before the acceptance of the specification,
direct that it shall be treated for the purposes of this Act as a provisional specification
and proceed with the application accordingly.
(7) Where a complete specification has been lodged in pursuance of an application for
a patent accompanied by a provisional specification or by a specification treated by
virtue of a direction under subsection (6) as a provisional specification, the Registrar
may, if the applicant so requests at any time before the acceptance of the complete
specification, cancel the provisional specification and post-date the application to the
date of lodging of the complete specification.
9
Contents of specification
(1) A specification shall—
(a)
indicate whether it is a provisional or a complete specification; and
(b)
commence with a title clearly indicating the subject to which the
relevant invention relates.
(c)
contain an abstract of not more than two hundred words and drawings,
if any.
[inserted by Act 9 of 2002, with effect from the 20th December, 2002.]
(2) A provisional specification shall fairly describe the invention.
(3) A complete specification shall—
(a)
fully describe the invention and the manner in which it is to be
performed; and
(b)
disclose the best method of performing the invention known to the
applicant at the time when the specification is lodged at the Patent Office; and
(c)
end with a claim or claims defining the subject-matter for which
protection is claimed.
(4) The claim or claims of a complete specification shall—
(a)
relate to a single invention; and
(b)
be clear and succinct; and
(c)
be fairly based on the matter disclosed in the specification.
(5) A specification may, and if so required by the Registrar shall, be accompanied by
drawings and such drawings shall be deemed to be part of the specification:
Provided that if drawings which accompanied a provisional specification are
sufficient for the purpose of a complete specification, it shall suffice if that complete
specification refers to such drawings.
(6) Subject to subsections (1) to (5), a complete specification lodged at the Patent
Office after a provisional specification or with a Convention application may include
claims in respect of developments of or additions to the invention which was
described in the provisional specification or, as the case may be, in respect of which
application for protection was made in a Convention country, being developments of
or additions in respect of which the applicant would be entitled to make a separate
application for a patent:
Provided that an application shall, in so far as the complete specification contains