“the repealed law” means the Patents Act, 1952 (Act No. 37 of 1952); “this Act” includes the regulations. 3.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on an application made before such commencement shall— (a) not be revoked except upon any ground on which it could have been revoked in terms of the repealed law; (b) not be subject to the provisions of section 44 (4) of this Act; (c) unless it is revoked in terms of paragraph (a), expire on the date on which it would in terms of the repealed law have expired if that law had not been repealed; and (d) be subject to the provisions of section 39 of the repealed law, except that the term of any such patent shall not be extended for a period exceeding five years, and provided further that, as from 1 January 1979, no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 All applications and proceedings commenced under the repealed law shall be dealt with in accordance with the provisions of that law.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 (2) The patent office established in terms of section 3 (1) of the repealed law shall be deemed to have been established in terms of this section.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.

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