The Industrial Property Act, 2001 24 order as to form be the subject of an international type search. (2) When a direction under subsection (1) is made, the Managing Director shall invite the applicant to pay the prescribed fees, and if the applicant does not comply with the invitation, the application shall be rejected. (3) Upon receipt of the report on the international-type search, the Managing Director may cited request the applicant to furnish him with a copy of any document in the report and if without lawful reason, any copy is not furnished within the prescribed time limit, the application shall be rejected. (4) If it is apparent from the report on the international-type search or from the declaration on the non-establishment of the report, that the subject of the application or of any claim or claims is not an invention, the Managing Director shall reject the defective application or consider the defective claim or claims to be withdrawn, as the case may be, unless the applicant satisfies him that the subject of the application or claims constitutes an invention. (5) If it is apparent from the report on the international-type search or from the declaration on the non-establishment of the report, that:(a) the description, the claims or, where applicable, the drawings do not comply, in whole or in part, with the prescribed requirements to such an extent that no meaningful search could be carried out; or (b) the application does not comply, in whole or in part, with the requirements of unity of invention prescribed by section 35 and the rules pertaining thereto; or (c) the invention claimed in the application does not fulfil the requirements of novelty, the Managing Director shall reject the application unless the applicant either satisfies him that the requirements have been fulfilled or amends or divides the application so as to comply with the requirements. (6)The details of the requirements and the procedures under this section shall be prescribed by the regulations. Examination as to substance 44. (1) The Managing Director may by notice in the Kenya Gazette or in the Industrial Property Journal: (a) direct that applications for patents relating to a specified field or specified technical fields shall be the subject of an examination as to substance; or (b) amend any direction issued pursuant to paragraph (a). (2)Where an application for a patent satisfies the requirements specified in subparagraph (7) of section 41 and the subject matter thereof does not fall within a technical field specified under subsection (1) of this section, the Managing Director shall so notify the applicant who shall, within three years from the filing date of the application, submit a request in the prescribed

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