A.29
(7) Where an application that claims or could have claimed the
priority of an earlier application has a filing date that is later than the
date on which the priority period expired, the Registrar shall, within
two months from that date, upon request being filed as prescribed, restore
the right of priority if the request states the reasons for the failure to
comply with the priority period.
(8) The Registrar shall restore the right of priority where he or she
finds out that the failure to file the subsequent application within the
priority period occurred in spite of due care required by the circumstances
having been taken.
(9) Where a copy of an earlier application required under subsection (2)
is not filed within the prescribed time limit by an applicant, the Registrar
may, upon a request being filed by the applicant as prescribed, restore the
right of priority if that request is filed within the time limit for filing such
copy, provided that —
(a) the Registrar is satisfied that a request to obtain the copy was filed
with the Office that received the earlier application not later than 14
months from the date of filing of that earlier application; and
(b) a copy of the earlier application is filed with the Registrar within
one month from having been obtained from the said Office.
(10) Any request under this section shall be subject to payment of the
prescribed fees by the applicant.
18. (1) At any time before the grant or refusal of a patent, an applicant
for a patent may, upon payment of the prescribed fee convert his or her
application for a patent into an application for a utility model certificate.
(2) No person may convert an application under subsection (1) more
than once.
19. (1) An applicant shall indicate in the application for a patent the
date and the number of other applications filed by him or her or his or
her predecessor in title outside Botswana relating to the same or
essentially the same invention as that claimed in the application filed in
Botswana.
(2) The applicant shall, when requested by the Registrar, furnish the
following documents relating to any of the applications referred to in
subsection (1) —
(a) a copy of any communication received by the applicant concerning
the results of any search or examination carried out in respect of
such application;
(b) a copy of the patent or other title of protection granted in respect
of such application;
(c) a copy of the final decision rejecting the application or refusing
the grant requested in respect of the application; and
(d) a copy of the final decision revoking or invalidating the patent or
other title of protection granted in respect of such application.
Conversion of
patent
application
into
application
for utility
model
certificate
Information
concerning
corresponding
foreign
applications
for patents