The registrar shall examine in the prescribed manner every application for a
patent and every complete specification accompanying such application or
lodged at the patent office in pursuance of such application and if it complies
with the requirements of this Act, he shall accept it.
35.
36.
37.
Procedure if result of examination of application is adverse to
applicant.
(1)
If the result of an examination in connection with an application for a
patent, or in connection with the specification which accompanied that
application, is adverse to the applicant, the registrar may refuse to
accept the application or require the application or the specification
which accompanied it to be amended in such manner as may be
necessary.
(2)
If in the case of a convention application the prescribed documents do
not accompany the application or are not furnished within the
prescribed period, the registrar may deal with the application as an
ordinary application.
Power to refuse applications in particular cases.
(1)
If in the case of any application it appears to the registrar—
(a)
that the application is frivolous on the ground that it claims as
an invention anything obviously contrary to well established
natural laws; or
(b)
that the use of the invention to which the application relates
would be generally expected to encourage offensive or
immoral behaviour,he shall refuse the application.
(2)
If it appears to the registrar that any invention in respect of which an
application for a patent is made might be used in any manner contrary
to law, he may refuse the application unless the specification is
amended by the addition of such disclaimer in respect of that
invention, or such other reference to the illegality thereof, as the
registrar may think fit.
Procedure in case of amendment of application or lodging of fresh
application.
(1)
Where at any time after an application has been lodged at the patent
office and before it is accepted, a fresh application is made in the
prescribed manner by the same applicant in respect of part of the
matter disclosed in the first-mentioned application, the registrar may,
on application made to him in the prescribed manner before that
application is accepted, direct that such fresh application be antedated to a date not earlier than the date on which the first-mentioned
application was so lodged.
(2)
A patent granted on such fresh application shall not be revoked or
invalidated on the ground only that the invention claimed in such fresh
application is not new having regard to the matter disclosed in the
first-mentioned application.
[Sub-s. (2) added by s. 36 of Act No. 38 of 1997.]