Patents
[No. 40 of 2016
(2) Each application dividing an initial application, as provided in
subsection (1), shall be entitled to a filing date and, where appropriate,
the priority date of the initial application.
49. A person making an application for the grant of a patent
for an invention may, at any time before the grant, notification of
rejection or refusal to grant the patent, withdraw the application, in
a prescribed manner, upon payment of a prescribed fee.
50. (1) If a complete specification is not lodged within twelve
months from the date of filing of an application for the grant of a
patent, the application lapses unless—
(a) an appeal has been lodged in respect of the application;
(b) the period within which such appeal may be lodged has
not expired; or
(c) the delay in accepting the specification was not due to
any neglect on the part of the applicant.
(2) Despite subsection (1), where an application is made for
an extension of the period for the acceptance of a complete
specification, the Registrar may grant an extension for a period not
exceeding three months, upon payment of a prescribed fee.
823
Withdrawal
of
application
Lapse of
application
PART V
EXAMINATION, PUBLICATION AND OPPOSITION
51. (1) Where a person making an application for the grant
of a patent has paid the prescribed fee and the application has not
lapsed, refused, withdrawn or treated as withdrawn by the
Registrar, the Registrar shall conduct a formalities examination to
ascertain compliance of the application with this Act and its
regulations.
(2) If an application for the grant of a patent is found, after an
examination, referred to in subsection (1), to comply with the
requirements of this Act, the Registrar shall cause to be conducted
a prior art search.
(3) Where the Registrar is of the opinion, after conducting an
examination, referred to in subsection (1), that an application is not
compliant with the requirements of this Act, the Registrar shall
notify the applicant, in writing, to make relevant amendments to
the application, within a prescribed period.
(4) Where the applicant fails to, after the notification referred
to in subsection (3), make the relevant amendments, the Registrar
shall, in writing, refuse the application.
Examination
for
compliance
with
requirements
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