“the repealed law” means the Patents Act, 1952 (Act No. 37 of 1952);
“this Act” includes the regulations.
3.
Application of Act.
(1)
The provisions of this Act shall apply in respect of all patents, whether
granted before or after the date of commencement of this Act:
Provided that a patent granted on an application made before such
commencement shall—
(a)
not be revoked except upon any ground on which it could have
been revoked in terms of the repealed law;
(b)
not be subject to the provisions of section 44 (4) of this Act;
(c)
unless it is revoked in terms of paragraph (a), expire on the
date on which it would in terms of the repealed law have
expired if that law had not been repealed; and
(d)
be subject to the provisions of section 39 of the repealed law,
except that the term of any such patent shall not be extended
for a period exceeding five years, and provided further that, as
from 1 January 1979, no renewal fees shall be payable in
respect of such an extended period.
[Para. (d) substituted by s. 1 (1) of Act No. 14 of 1979 and by s. 28 of
Act No. 38 of 1997.]
(2)
4.
All applications and proceedings commenced under the repealed law
shall be dealt with in accordance with the provisions of that law.
State bound by patent.
A patent shall in all respects have the like effect against the State as it has
against a person: Provided that a Minister of State may use an invention for
public purposes on such conditions as may be agreed upon with the
patentee, or in default of agreement on such conditions as are determined by
the commissioner on application by or on behalf of such Minister and after
hearing the patentee.
CHAPTER I
ADMINISTRATION
5.
6.
Establishment of patent office.
(1)
There shall be established in Pretoria an office to be called the patent
office.
(2)
The patent office established in terms of section 3 (1) of the repealed
law shall be deemed to have been established in terms of this section.
Seal of patent office.
There shall be a seal of the patent office and the impression of the seal shall
be judicially noticed.
7.
Registrar of patents.