A.31
(3) The applicant shall be entitled to claim compensation from any person
who, after the publication of the application and before the grant of the
patent, performs without authorisation from the applicant in respect of the
claimed invention any act that would be regarded as an infringement of a
patent granted on the invention.
(4) An applicant may claim compensation referred to in subsection (3)
where the applicant gives notice to the person concerned and the claim
deals with only those acts covered by the patent as published.
(5) Any interested person may, within the prescribed period and in the
prescribed manner, submit to the Registrar, an observation or objection
against the application for a patent on grounds that —
(a) the claimed subject matter does not constitute an invention in terms
of section 2, or is excluded from patentability under section 9;
(b) the requirements of sections 8, 12 (1), 12 (4), 12 (5), 12 (7) or 14
have not been satisfied; or
(c) sections 13 (3) and 15 (1), where applicable, have not been complied
with.
(6) The person submitting an observation or objection under subsection
(5) shall state the reasons for his or her observation or objection, and
attach any documents or other evidence in support of the observation or
objection.
(7) The person submitting an observation or objection under subsection
(5) shall not become a party to any proceedings under this Act by reason
only that he or she submitted an observation or objection under this section.
(8) Where an observation or objection is submitted, the Registrar shall
send a copy to the applicant who may, within the prescribed period and in
the prescribed manner, send to the Registrar his or her counter-statement.
(9) If the applicant sends a counter-statement, the Registrar shall
provide a copy to the person who submitted the observation or objection
and the Registrar may, at his or her discretion, hear the parties if either or
both wish to be heard.
(10) The Registrar shall consider the observation or objection made
under subsection (5) before deciding on the application for a patent.
(11) An interested person referred to in subsection (5) may apply to
the High Court, within the prescribed period and in the prescribed manner,
on grounds that he or she has been aggrieved by the decision of the
Registrar under subsection (10) and in such a case the Registrar shall
suspend the patent application proceedings pending a decision on the matter
by the Court.
22. (1) The Registrar shall cause the application to be examined for
compliance with the requirements of the Act.
(2) The Minister may, by regulations, prescribe the categories of
inventions in respect of which an examination under this section shall
not cover the requirements of novelty and inventive step.
Examination
of
applications