28 Government Gazette 23 March 2012 Act No. 1, 2012 (b) No. 4907 INDUSTRIAL PROPERTY ACT, 2012 the claimed invention is not excluded from protection under sections 17 or 18. (2) An examination contemplated in subsection (1) must be conducted in the manner prescribed and the Registrar must take into account any search report established in terms of section 37. (3) If the Registrar finds, after the application has been examined as envisaged in subsection (1) and taking into account section 37, that the application does not comply with the requirements referred to in subsection (1), or cannot be granted in the light of the results of a search or examination report referred to in section 37, he or she must notify the applicant in the manner prescribed, setting out the reasons for the finding. (4) The applicant may, on receipt of the notification referred to in subsection (3) and within the prescribed period, submit arguments as to why the application, despite the finding of the Registrar, should be granted, or submit changes to the description, claims or drawings to address the finding of the Registrar as contemplated in subsection (5). (5) The Registrar must, on the request of the applicant within the prescribed period, make such changes in the description, claims or drawings of the specification as requested by the applicant in order to remove the reasons for non-compliance as referred to in subsection (3), except that no such change will be allowed if it would result in the introduction into the specification of matter not in substance disclosed in the initial disclosure, or result in a claim not fairly based on matter disclosed in the initial disclosure. International-type search 37. account - (1) (a) the results of any international search report and any international preliminary examination report established under the Patent Cooperation Treaty in relation to the application; (b) a search and examination report submitted under section 30(2)(a) relating to a corresponding foreign application, if any, or a final decision submitted under section 30(2)(c) on the refusal to grant a patent on a corresponding foreign application, if any, or a final decision submitted under section 30(3) relating to the withdrawal, surrender, revocation or invalidation of a foreign patent application or a patent or other title of protection granted on a foreign patent application as the case maybe, if any; and (c) a search and examination report which was carried out upon his or her request by an external search and examination authority as contemplated in subsection (2). For the purposes of section 36, the Registrar must take into

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