(4)
The claim or claims of a complete specification shall relate to a single
invention, shall be clear, and shall be fairly based on the matter
disclosed in the specification.
(5)
Drawings and illustrations, if any, shall be as prescribed.
(6)
If a complete specification claims as an invention a micro-biological
process or a product thereof and requires for the performance of the
invention the use of a micro-organism which is not available to the
public on the date of lodging of the application and which cannot be
made or obtained on the basis of the description in the specification,
the micro-organism shall be dealt with in the prescribed manner.
[Sub-s. (6) substituted by s. 2 (1) of Act No. 44 of 1986.]
(Date of commencement: 14 July, 1997.)
33.
Priority dates.
(1)
For the purposes of this Act, the priority date of an invention to which
an application for a patent relates, and also that of any matter
contained in any such application, whether or not such matter is the
same as the invention, shall, except as otherwise provided in this Act,
be the date of the lodging of the application.
(2)
Where priority is claimed in an application in terms of section 31 (1)
from one or more prior applications, or one or more prior applications
in a convention country or countries, or both, and the invention
claimed in the application is fairly based on matter disclosed in one or
more of any such prior applications, the priority date of the invention
shall be the date of lodging of the earliest of such prior applications in
which that matter was disclosed in so far as it is fairly based on such
earliest application.
[Sub-s. (2) substituted by s. 2 of Act No. 58 of 2002.]
(3)
Any invention claimed in an application may have one or more priority
dates.
(4)
Until the contrary is proved, the priority date of an invention shall be
the earliest priority date claimed in an application.
(5)
In determining whether an invention claimed in an application is fairly
based on the matter disclosed in a prior application or a prior
application in a convention country, regard shall be had to the
disclosures contained in all documents lodged at the same time as
and in support of that prior application or prior application in a
convention country.
(6)
The priority date of new matter introduced by way of a supplementary
disclosure in terms of section 51 (8) shall be the date of lodging of the
supplementary disclosure.
[S. 33 amended by s. 2 of Act No. 67 of 1983 and substituted by s. 35 of Act
No. 38 of 1997.]
34.
Examinations of applications and specifications.