A.39 (f) that the patentee failed to inform the Registrar about any corresponding foreign application filed or furnished information which in any material particular was false; or (g) that the patent was obtained on a misrepresentation. (2) A claim arising from an invalidated patent shall be regarded as null and void from the date of the grant of the patent. (3) Where an application for the invalidation of a patent is made to the High Court, it shall be served on the patentee and lodged with the Court in the manner and within the time prescribed. (4) Where subsection (3) applies, the Master shall notify the Registrar of any decision of the Court invalidating the patent and the Registrar shall, within such time and such manner as may be prescribed, publish the invalidation reference in the Journal. PART III – International Application Under the Patent Cooperation Treaty 37. Subject to the provisions of this Part, an international application designating Botswana shall be treated as an application for a patent filed under this Act and shall have as its filing date the international filing date accorded under the Patent Cooperation Treaty. 38. The Office shall be — (a) the receiving office in respect of an international application lodged at it by a person who is a resident or citizen of Botswana; (b) the designated office in respect of an international application designating Botswana; and (c) the elected office, if an applicant in an international application designating Botswana elects Botswana for purposes of an international preliminary examination under Chapter II of the Patent Cooperation Treaty. 39. The Office shall not commence the processing of an international application before the expiration of the time limit referred to in section 40, except where the applicant has filed an express request for early commencement of the processing. 40. (1) The applicant in respect of an international application designating Botswana shall, before the expiration of 30 months from the date of filing an international application — (a) pay the prescribed fee to the Office; and (b) if the international application was not filed in English, or has not been published under the Patent Cooperation Treaty as a translation into English, file with the Office a translation of the international application, containing the prescribed contents in English. Effect of international application designating Botswana Office as receiving, designated and elected office National processing Entering national phase

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