shall be deemed to be the first application in that country in respect of
that invention if, at the time of the lodging thereof—
(a)
the previous application had been withdrawn, abandoned or
refused without having been open to public inspection;
(b)
no priority rights have been claimed on the strength of such
previous application; and
(c)
no rights are outstanding in the convention country in question
in connection with such previous application.
(3)
An application which has been withdrawn, abandoned or refused shall
not after the lodging of a subsequent application relating to the same
subject-matter, be capable of supporting a claim for priority rights
under this section unless any rights are outstanding in the Republic or
in any convention country in connection with the first-mentioned
application.
(4)
Where a person has applied for protection for any invention by an
application which—
(a)
in accordance with the terms of a treaty subsisting between
any two or more convention countries, is equivalent to an
application duly made in any one of those convention
countries; or
[Para. (a) substituted by s. 1 of Act No. 44 of 1986.]
(b)
(5)
in accordance with the law of any convention country is
equivalent to an application made in that convention country,
he shall for the purposes of this section be deemed to have
applied in a convention country.
If no priority is claimed from an application accompanied by a
provisional specification within the period specified in subparagraph (i)
of subsection (1), the application shall lapse.
[Sub-s. (5) substituted by s. 2 of Act No. 14 of 1979.]
32.
Contents of specification.
(1)
Every specification shall indicate whether it is a provisional or a
complete specification, and shall commence with a title sufficiently
indicating the subject-matter of the relevant invention.
(2)
A provisional specification shall fairly describe the invention.
(3)
A complete specification shall—
(a)
have an abstract as prescribed;
(b)
sufficiently describe, ascertain and, where necessary, illustrate
or exemplify the invention and the manner in which it is to be
performed in order to enable the invention to be performed by
a person skilled in the art of such invention; and
(c)
......
(d)
end with a claim or claims defining the invention for which
protection is claimed.
[Sub-s. (3) substituted by s. 1 of Act, No. 58 of 2002.]