No. 4907 Government Gazette 23 March 2012 Act No. 1, 2012 29 INDUSTRIAL PROPERTY ACT, 2012 (2) The Registrar may, instead of or in addition to conducting the examination of an application as contemplated in section 36, refer the application to an external search and examination authority as approved by the Minister. Grant or refusal of patent 38. (1) If the Registrar is satisfied that the application as originally filed or as amended complies with the requirements of sections 35 and 36 the Registrar must grant the patent. (2) If the Registrar is satisfied that the requirements of sections 35 and 36 have not been complied with despite arguments submitted in terms of section 36(4) or changes made to the description, claims or drawings in accordance with section 27 or section 36, the Registrar must refuse the application and notify the applicant accordingly. (3) The Registrar must, whenever possible, make a final decision on the application not later than two years after the commencement of the examination referred to in section 35. Registration and publication of patent 39. (1) (a) publish a reference to the grant of the patent in the bulletin; (b) issue to the applicant a certificate of the grant of the patent; and (c) record the patent in the relevant register. Where the Registrar grants a patent, he or she must – (2) The Registrar must, on payment of the prescribed fee, make available a copy or copies of any patent granted under this section to any person who requests for such a copy. Amendment of patent 40. (1) The owner of the patent may, at any time after the grant of the patent, request the Registrar to amend the patent in order to limit the extent of the protection conferred by the patent or by making changes in the description, claims or drawings of the patent provided that the amendment would not – (a) result in the introduction into the specification of matter not in substance disclosed in the initial disclosure contained in the application on the basis of which the patent was granted; or (b) result in a claim which is not wholly within the scope of a claim contained in the specification before the amendment. (2) The request for the amendment of a patent must, in the prescribed manner, be published in the bulletin.

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