(b)
30.
the manner in which they shall deal with the application or
exploit the invention, any such joint applicant may apply to the
commissioner to decide the matter in dispute.
Unless the commissioner otherwise directs, such applicant
shall be liable for all costs and expenses incurred in respect of
proceedings in terms of paragraph (a).
(3)
If the commissioner is satisfied that a joint applicant, not being obliged
thereto, is unable or unwilling to proceed as joint applicant, the
commissioner may order that he assign his rights to any joint applicant
able and willing so to proceed: Provided that where it appears to the
commissioner to be just and equitable, he may order the payment of
compensation to the assignor.
(4)
In any proceedings in terms of subsection (2) (a) the commissioner
shall, unless it appears to him that there are good reasons to the
contrary, resolve the dispute in a manner which will lead to the
preservation of the application and the grant of a patent.
Form of application for a patent.
(1)
An application for a patent shall be made in the prescribed manner
and on payment of the prescribed fee and shall be accompanied by a
provisional specification or by a complete specification.
(2)
Every such application shall contain an address for service in the
Republic to which all notices and communications may be sent, and
every applicant for a patent shall, before the acceptance of his
application, lodge with the registrar a declaration in the prescribed
form.
(3)
An address for service furnished in terms of section 9 (2) of the
repealed law, shall be deemed to have been furnished in terms of
subsection (2) of this section.
(4)
Any person other than the inventor making or joining in an application
for a patent shall in the prescribed manner furnish such proof of his
title or authority to apply for a patent as may be prescribed.
(5)
An application shall, save as is otherwise provided in this Act, date
from the day when it is lodged at the patent office.
(6)
(a)
An application shall not be denied a lodging date on formal
grounds only in that it does not comply with the requirements
of subsection (1), provided it is accompanied by—
(i)
the prescribed fee;
(ii)
the prescribed application form signed either by the
applicant or his agent;
(iii)
one copy of the specification in one of the official
languages of the Republic or in an official language of
any convention country; and
(iv)
one copy of the drawings, if any, notwithstanding that
they are not in the prescribed form.