822 No. 40 of 2016]
Correction of
errors in
documents
Patents
(3) Where an applicant fails to comply with a notification, as
provided in subsection (2), the Registrar shall, in examining the
amended application, ignore the additional matter and notify the
applicant accordingly.
(4) Where a request for an amendment of a description, claim
or drawings is made by an applicant, after the Registrar has
accepted an application for the grant of a patent, the Registrar
shall notify an applicant, making the request, to advertise the request
in the Industrial Property Journal, within a prescribed period.
(5) Where the request, referred to in subsection (4), has been
advertised, by the applicant for the grant of a patent, any interested
person may oppose the request within the prescribed period and
manner.
(6) Where opposition is made, as provided in subsection (5),
the Registrar shall decide the matter.
(7) A person aggrieved by the decision of the Registrar, made
in accordance with subsection (6), may, within three months of
receiving the decision, appeal to the High Court.
(8) The Registrar may, without an application for amendment,
amend a specification and abstract contained in an application for
a patent so as to acknowledge a registered trade mark, where no
such acknowledgment has been made by the applicant.
47. (1) The Registrar may, on request by an applicant,
authorise the correction of a clerical error in a document filed with
the Agency.
(2) Where a request for the correction of an error, referred to
in subsection (1) concerns the description, claim or drawings, the
correction shall be obvious and immediately evident that nothing
else is intended than what is offered as a correction.
(3) A request for the correction of a clerical error, as specified
in subsection (1), shall be made by the applicant in a prescribed
manner and on payment of a prescribed fee.
(4) Where it is proposed by the Registrar that a correction be
made, otherwise than upon a request referred to in subsection (3),
the Registrar shall give notice of the proposed correction to the
applicant for the grant of a patent.
Division of
application
48. (1) An applicant for the grant of a patent may divide the
initial application into two or more divisions, except that each
divisional application shall not go beyond the disclosure in the initial
application.
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