A.28
Division of
application
Joint
applicants
Right of
priority
15. (1) An applicant may, at any time before the grant of a patent,
divide his or her application into two or more applications (in this Act
referred to as “divisional applications”), provided that each divisional
application shall not include any matter which was not disclosed in the
initial application as filed.
(2) The Registrar shall accord each divisional application the same
filing date and, where applicable, the same priority date, as the initial
application.
(3) The Registrar may require an applicant to divide the applications
where the terms of section 14 (1) have not been complied with.
16. (1) Where two or more persons make a joint application for a
patent, the applicants shall, in the absence of an agreement to the contrary,
have equal undivided shares in the application and no one applicant
shall deal with the application in any way without the consent of the
other applicant or applicants.
(2) Without prejudice to subsection (1), if any steps are required to
be taken to save the application from being abandoned, any applicant
may, on his or her own behalf as well as on behalf of any other joint
applicant, take such steps without recourse to the other applicant or
applicants.
17. (1) An application for a patent made under this Part may contain a
declaration, in writing, claiming priority, as provided for in Article 4 of
the Paris Convention, of one or more earlier national, regional or
international applications filed by the applicant or his or her predecessor
in title in any convention country or any member of the World Trade
Organization.
(2) Where a declaration of priority is made under subsection (1) the
applicant shall, within such time as may be prescribed, furnish the Registrar
with a copy of the application earlier filed which copy shall be certified as
correct by the patent office with which it was so earlier filed.
(3) Where the earlier application referred to in subsection (2) is not in
the English language and the Registrar deems that the validity of the priority
claim is relevant to determine whether the invention concerned is
patentable, the applicant shall submit an English translation of such earlier
application within two months from the date of being notified to that
effect by the Registrar.
(4) Where an applicant does not satisfy the requirements of subsections
(2) and (3) and any regulations pertaining thereto, the declaration shall be
considered as having not been made.
(5) The effect of the declaration referred to in subsection (1) shall be as
provided for in Article 4B of the Paris Convention.
(6) The applicant may, in such form as may be prescribed, request the
correction or addition of a priority claim, provided the filing date of the
application before the Office is not later than the date of the expiration of
the priority period calculated from the filing date of the earliest application
whose priority is claimed.