Patents
[No. 40 of 2016
(3) Where an applicant for the grant of a patent fails to make
a request, referred to in subsection (1), or the Registrar does not,
on the Registrar’s own motion, conduct or cause to be conducted
an examination, as provided in subsection (2), the Registrar shall
treat the application as withdrawn.
(4) The Registrar may, where the Registrar considers it
necessary, refer an application for the grant of a patent, examined
in accordance with subsection (1), to any other International
Examination Authority, for a patentability search.
(5) The International Examination Authority, referred to in
subsection (4), shall be required to make and submit to the Registrar
a report on its findings.
(6) Where the Registrar decides to refer an application for
the grant of a patent for an international examination, as specified
in subsection (4), the Registrar shall notify the applicant, in the
prescribed manner, and request the applicant to pay a prescribed
fee within a prescribed period.
(7) Where the applicant fails to pay the prescribed fee as
provided in subsection (6), the Registrar shall consider the
application for the grant of a patent to have been withdrawn.
(8) Where, on considering the report referred to in subsection
(5), the Registrar is of the opinion that the application does not
meet the requirements provided in section fifteen, the Registrar
shall notify the applicant, in a prescribed manner, and request the
applicant to make the necessary amendments to the application, to
the satisfaction of the Registrar, within a prescribed period.
(9) If the applicant fails to make the necessary amendments,
referred to in subsection (8), within a prescribed period, the Registrar
shall consider the application as abandoned.
(10) A person aggrieved with the decision of the Registrar,
made in accordance with this section, may, within three months of
receiving the decision, appeal to the High Court.
(11) Subject to section fifty, where the Registrar is of the
opinion that the application, and the invention to which it relates,
meets the requirements of this Act, the Registrar shall issue or
cause to be issued an acceptance of the application for the grant of
the patent, in a prescribed manner.
54. Subject to this Act, the Registrar shall publish the
acceptance of an application for the grant of a patent in the Industrial
Property Journal, as soon as practicable upon payment of the
prescribed fee.
825
Publication
of
acceptance
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