24
Act No. 1, 2012
Government Gazette 23 March 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
Unity of Invention
26.
(1)
An application for a patent must relate to one invention only or
to a group of inventions so linked as to be part of a single general inventive concept.
(2)
The claim or claims must relate to one invention or one inventive
concept as contemplated in subsection (1) and must define the matter for which
protection is sought.
(3)
The fact that a patent has been granted on an application that did not
comply with the requirement of unity of invention under subsection (1) or (2) is not a
ground for the invalidation of the patent.
Division of application
27.
(1)
The applicant may at any time before a patent is granted, apply
to the Registrar in the prescribed manner to divide the application into two or more
applications, (referred to in this section as “divisional applications”) provided that each
application does not introduce matter not in substance disclosed in the disclosure in
the initial application or incorporate a claim not fairly based on matter disclosed in the
disclosure in the initial application.
(2)
If the Registrar is satisfied that the requirements of subsection (1) have
been complied with, he or she must allow the division.
(3)
Each divisional application must accorded the filing date and, where
applicable, the priority date of the initial application.
Amendment of application
28.
(1)
The applicant may, at any time before a patent is granted, apply
in the prescribed manner to the Registrar to amend the application, but the amendment
may not be allowed if it introduces matter not in substance disclosed in the initial
disclosure in the application, or introduces a claim not based on matter disclosed in the
initial disclosure in the application.
(2)
If the Registrar is satisfied that the requirements of subsection (1) have
been complied with, he or she must allow the amendment and must make the requested
changes in the application.
Right of priority
29.
(1)
An application for a patent may contain a declaration claiming
the priority, as provided for in the Paris Convention, of one or more earlier national,
regional or international applications filed by the applicant or his or her predecessor in
title in or for any State party to the said convention or in any member of the WTO.
(2)
Where the application contains a declaration under subsection (1), the
Registrar may require that the applicant furnish, within the prescribed time, a copy of
each such earlier application certified as correct by the office with which it was filed.