Patents
[No. 40 of 2016
821
(6) The documents furnished in accordance with this section
shall merely serve the purpose of facilitating the evaluation of
novelty and inventive step claimed in the application filed with the
Registrar or in the patent granted on the basis of that application.
(7) A person making an application for a grant of a patent
shall have the right to submit comments on the documents furnished
in accordance with this section.
45. (1) The Registrar may reject, in a prescribed manner, an
application for the grant of a patent, where the Registrar considers
the—
Refusal of
application
in certain
cases
(a) application to be frivolous, in that it claims, as an invention,
something contrary to well established natural laws;
(b) use of the invention, claimed in the complete specification,
would encourage offensive, immoral or antisocial
behaviour;
(c) application claims, as an invention, a substance capable
of being used as food or medicine which is a mixture of
known ingredients possessing only the aggregate of the
known properties of the ingredients; or
(d) application claims, as an invention, a process producing a
substance by mere admixture.
(2) Despite subsection (1), the Registrar may, where the
Registrar considers that the grounds for refusal of an application
under this section can be addressed by amendment, request the
applicant to amend the application accordingly.
(3) A person aggrieved by the decision of the Registrar, made
in accordance with subsection (1) may, within three months of
receiving the decision, appeal to the High Court.
46. (1) An applicant for a grant of a patent for an invention
may amend the description, claims or drawings of an application, in
the prescribed manner, on the applicant’s own volition, provided
that the amendment shall not go beyond the disclosure in the initial
application.
(2) Where an applicant for the grant of a patent makes an
amendment, as provided in subsection (1), but goes beyond the
earlier disclosure, the Registrar shall notify the applicant to exclude,
within a prescribed period, the additional matter before the Registrar
proceeds with the application.
Amendment
of patent
application
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات