824 No. 40 of 2016] Prior art search Examination for compliance to substance Patents 52. (1) The Registrar may, where the Registrar considers it necessary, refer an application for the grant of a patent, examined in accordance with section fifty-one, to any other International Searching Authority, for a novelty search, upon payment of a prescribed fee, within a prescribed period. (2) The Registrar shall, where the applicant fails to pay the prescribed fee, within the prescribed period, for a novelty search to be conducted, as provided in subsection (1), reject the application for a grant of a patent. (3) The International Searching Authority, referred to in subsection (1), shall be required to make and submit a report on its findings to the Registrar. (4) Where the report, referred to in subsection (3), makes reference to documents lodged in a convention country but not lodged with the Registrar, and the Registrar considers such documents relevant, the Registrar shall notify the applicant and request the submission of such documents, within a prescribed period. (5) If the applicant fails to submit the documents, as specified In subsection (4), the Registrar shall reject the application. (6) Where, on considering the report referred to in subsection (3), the Registrar is of the opinion that the invention claimed in a complete specification is not an invention in accordance with section fifteen, the Registrar shall notify the applicant, in a prescribed manner, and request the applicant to provide proof, to the satisfaction of the Registrar, within a prescribed period, that the subject matter of the claim constitutes a patentable invention. (7) If an applicant fails to provide proof, as specified in subsection (6), the Registrar shall reject the application for the grant of a patent. (8) A person aggrieved with the decision of the Registrar, made in accordance with this section, may, within three months of receiving the decision, appeal to the High Court. 53. (1) Subject to subsection (2), an applicant for a grant of a patent shall, within a prescribed period, request the Registrar, in a prescribed manner and upon payment of a prescribed fee, to examine the application for compliance to substance as specified in section fifteen. (2) Notwithstanding subsection (1), the Registrar may, on the Registrar’s own motion, conduct or cause to be conducted an examination.