PART I PRELIMINARY
Regulation - Title
- Interpretation
PART II APPLICATION FOR PATENTS AND SPECIFICATIONS - Appropriate application forms to be used
- Assignee or legal representative to establish right to act
- Cognate application
- Division of application if not cognate
- Evidence in support of convention application
- Division of convention application
- Extension of period for lodging complete specification
- Request for post-dating an application
PART III DRAWINGS - When supplied, drawings to accompany specification
- Drawing paper
- Size of sheets, etc.
- Preparation of drawings
- Identification of drawings
- Descriptive matter
- Drawings not to be creased
- Drawings lodged with provisional specification
PART IV EXAMINATION OF APPLICATIONS AND ACCEPTANCE OF COMPLETE SPECIFICATIONS - Examination procedure under section 16
- Extension of time under section 20 Regulation
- Extension of time under section 21
- Publication of acceptance
- Inspection of application, specification and drawings
PART V OPPOSITION TO GRANT OF PATENT - Notice of opposition
- Counter-statement
- Filing of evidence by objector
- Filing of evidence by applicant
- Extension of time under regulations 25, 26 and 27
- Proof of service of notices, statements, etc.
- Supply of documents, etc., to High Court
PART VI SUBSTITUTION OF APPLICANTS, ETC. - Procedure under subsection (1) of section 23
- Procedure under subsection (5) of section 23
PART VII SEALING AND FORM OF PATENT AND RENEWAL FEES - Request for sealing
- Time for sealing under subsection (2) of section 25
- Form of patent
- Amendment of patent
- Payment of renewal fees
- Renewal fees may be paid in advance
- Extension of time for payment
- Certificate of payment
PART VIII RESTORATION OF LAPSED PATENTS - Application
- Notice of opposition
- Hearing
PART IX VOLUNTARY ENDORSEMENT OF PATENTS "LICENCES OF RIGHTS"
Regulation - Application under subsection (1) of section 35
- Application under subsection (2) of section 35
- Advertisement of endorsement
- Cancellation of endorsement under subsection (1) of section 36
- Cancellation of endorsement under subsection (2) of section 36
- Advertisement and opposition
PART X COMPULSORY LICENCES - Application under section 37
- Preliminary consideration by Registrar
- Opposition
- Supply of documents, etc., to High Court
PART XI AMENDMENT OF SPECIFICATION - Application to amend unaccepted specification
- Application to amend accepted complete specification
- Certified copy of original specification to accompany application
- Opposition
- New specification and drawings as amended may be required
PART XII DIRECTIONS TO CO-OWNERS - Application under subsection (6) of section 47
- Application under subsection (7) of section 47
PART XIII DISPUTES AS TO INVENTIONS MADE BY EMPLOYEES - Application under subsection (1) of section 48
- Hearing
PART XIV SURRENDER OF PATENT
Regulation - Form of offer to surrender a patent
- Opposition
PART XV REGISTER OF PATENTS - Register to record grant of patents
- Alteration of entries
- Registration of assignments, etc.
- Copies of documents
- Correction of errors
- Advertisement
- Opposition
- Certified copies of entries, etc.
- Lost patents
PART XVI PATENT AGENTS
74. Application for registration
PART XVII MISCELLANEOUS - Prescribed fees
- Prescribed forms
- Size, etc., of documents
- Address for service
- Method and proof of service
- Lodging of documents
- Power of Registrar to fix time and place of proceedings
- Agency
- Refusal to recognise agent
- Signature of documents
- Amendment of documents Regulation
- Power of Registrar to waive requirements
- Order of High Court or Supreme Court
- Days and hours of business
FIRST SCHEDULE-Fees payable to the Office
SECOND SCHEDULE-Form of patent
THIRD SCHEDULE-Prescribed forms
SECTION 96-THE PATENTS REGULATIONS Federal
Regulations by the Minister Government Notices 251 of 1957 206 of 1959 55 of 1960 363 of 1960 203 of 1962 Act 57 of 1964 Statutory Instruments 497 of 1964 38 of 1981 147 of 1990 54 of 1995 Act No. 13 of 1994
PART I
PRELIMINARY - These Regulations may be cited as the Patents Regulations. Title
- In these Regulations, unless the context otherwise requires- Interpretation
"agent" means a patent agent registered as such in terms of section sixty-eight, and includes a legal practitioner;
"Office" means the Patent Office;
"section" means a section of the Act;
"Court" means the High Court
PART II APPLICATION FOR PATENTS AND SPECIFICATIONS
3. (1) An application, other than a convention application, shall be made in Form No. 1. - (2)
- A convention application shall be made in Form No. 2.
- (3)
- An application for a patent of addition shall be made in Form No. 3.
- (4)
- An application in terms of subsection (2) of section thirty-one for the grant of a patent of addition instead of an independent patent shall be made in Form No. 4.
- (5)
- Every application (other than a convention application) shall be accompanied by either a provisional specification in duplicate in Form No. 5 or a complete specification shall be accompanied in Form No. 6; and every convention application shall be accompanied by a complete specification in duplicate in Form No. 6.
- An application for a patent by an assignee or the legal representative of a person who was the owner of an invention when he died shall be accompanied by the deed of assignment or the probate of the will of the deceased or the letters of administration, as the case may be, or a certified copy thereof, and such further evidence and proof of the applicant's title as the Registrar may require.
- Where, in pursuance of subsection (3) of section thirteen, the Registrar allows a single complete specification to be proceeded with in respect of two or more applications in respect of which two or more complete specifications have been lodged, the single complete specification may include any matter disclosed in any of the said specifications and shall be deemed to have been lodged on such date, not earlier than the earliest date on which all the matter disclosed in the said single complete specification has been disclosed to the Office in or in
Appropriate application forms to be used
Assignee or legal representative to establish right to act
Cognate application connection with the applications, as the Registrar may direct. - Where a complete specification has been lodged pursuant to two or more applications accompanied by provisional specifications for inventions which the applicant believes to be cognate or modifications one of another and the Registrar is of the opinion that such inventions are not cognate or modifications one of another, the Registrar may allow the complete specification to be divided into such number of complete specifications as may be necessary to enable the applications to be proceeded with as two or more separate applications for patents.
- (1) In addition to the specification lodged with every convention application, there shall be lodged with the application, or within six months thereafter, a copy of the specification and drawings or documents lodged in respect of the relevant first application or applications for protection in a convention country, duly certified by the official chief or head of the patent office of the convention country, or otherwise verified to the satisfaction of the Registrar.
(2) If any specification or other document relating to the application is in a foreign language, it shall be accompanied by a translation thereof in the English language verified to the satisfaction of the Registrar. - Where a single convention application has been made in respect of all or part of the inventions in respect of which two or more applications for protection have been made in one or more convention countries, the Registrar may, if he is satisfied that the claims of the specification lodged with the said convention application relate to more than one invention, allow one or more further applications to be lodged and the specification to be divided into such number of specifications as may be necessary to enable two or more separate convention applications to be proceeded with, and may direct that the said applications be deemed to have been lodged on the date of lodging of the original application.
- A request in terms of subsection (2) of section thirteen for an extension of time for lodging a complete specification shall be made in Form No. 7.
Division of application if not cognate
Evidence in support of convention application
Division of convention application
Extension of period for lodging complete specification 10. A request in terms of subsection (1) of section seventeen for the | Request for |
post-dating of an application shall be made in Form No. 8. | post-dating an |
| application |
PART III | |
DRAWINGS | |
11. Drawings, when supplied, shall accompany the provisional or | When supplied, |
complete specification to which they refer, except in the case provided | drawings to |
for by regulation 18. A true copy of the original drawings shall be | accompany |
lodged at the same time as the original drawings. | specification |
12. (1) Drawings shall be made on pure white tough drawing paper, not | Drawing paper |
thinner than 100 sheets to the inch, of smooth surface and good quality, | |
and without colour or washes, in such a way as to admit of being clearly | |
reproduced on a reduced scale by photography. | |
(2) Mounted drawings may not be used. | |
13. (1) Drawings shall be on sheets which measure 13 inches from top | Size of sheets, |
to bottom and are either 8 inches or 16 inches wide, and shall be made | etc. |
on one side of the paper only and have 1 1/2 inches clear binding margin | |
on the left-hand side of the sheet and a 1/2 inch clear margin on the top, | |
bottom and right-hand side of the sheet. | |
(2) If there are more figures than can be shown on one of the smaller | |
sized sheets, two or more of these sheets shall be used unless the large | |
size is required by the size of any one figure. | |
(3) An exceptionally large figure may be continued on subsequent | |
sheets. | |
(4) No more sheets shall be employed than are necessary. | |
- (5)
- The figures shall be numbered consecutively without regard to the number of sheets, and shall as far as possible be arranged in numerical order, separated by a sufficient space to keep them distinct.
- (6)
- Where figures on a number of sheets form in effect a single complete figure, they shall be so arranged that the complete figure can be assembled without concealing any part of another figure.
14. Drawings shall be prepared in accordance with the following requirements: - (a)
- they shall be executed in durable black or very dark markings;
- (b)
- each line shall be firmly and evenly drawn, sharply defined, and of the same strength throughout;
- (c)
- section lines, lines for effect, and shading lines shall be as few as possible, and shall not be closely drawn;
- (d)
- shading lines shall not contrast excessively in thickness with the general lines of the drawing;
- (e)
- sections and shading shall not be represented by solid black or washes;
- (f)
- they shall be on a scale sufficiently large to show the invention clearly, and only so much of the apparatus, machine or article may appear as effects this purpose;
- (g)
- if the scale is given, it shall be drawn and not denoted by words, and no dimensions may be marked on the drawings;
- (h)
- where convenient, the figures shall be drawn in an upright position in regard to the top and bottom of the sheet;
- (i)
- subject to any special directions of the Registrar in any particular case, reference letters and numerals and index letters and numerals used in conjunction therewith shall be bold, distinct and not less than 1/8 inch in height; the same letters or numerals shall be used in different views of the same parts; and where the reference letters or numerals are shown outside the parts referred to, they shall be connected with the said parts by fine lines.
15. (1) Drawings shall bear-
(a) in the left-hand top corner the name of the applicant and, in the Preparation of drawings
Identification of drawings case of drawings lodged with a complete specification after one or more | |
provisional specifications, the numbers and years of the applications; | |
(b) in the right-hand top corner the number of sheets of drawings | |
sent and the consecutive number of each sheet, and the words "original" | |
or "true copy", as the case may require; | |
(c) in the right-hand bottom corner the signature of the applicant or | |
his agent. | |
(2) The title of the invention shall not appear on the drawings. | |
16. (1) No descriptive matter shall appear on constructional drawings, | Descriptive |
but drawings in the nature of flow sheets may bear descriptive matter to | matter |
show the materials used and the chemical or other reactions or | |
treatments effected in carrying out the invention. | |
(2) Drawings showing a number of instruments or units of apparatus | |
and their interconnections, either mechanical or electrical, where each | |
such instrument or unit is shown only symbolically, may bear such | |
descriptive matter as is necessary to identify the instruments or units or | |
their interconnections. | |
(3) Such descriptive matter shall be in black or very dark markings on | |
both the original and the true copy drawings and on the latter the letters | |
shall be not less than 1/4 inch in height. | |
(4) No drawing or sketch, other than a graphic chemical formula or a | |
mathematical formula, symbol or equation, shall appear in the verbal | |
part of the specification and if such a formula, symbol or equation is | |
used therein a copy thereof, prepared in the same manner as original | |
drawings, except that it may be a hand-made drawing on tracing-cloth, | |
shall be furnished if the Registrar so directs. | |
17. Drawings shall be delivered at the Office free from folds, breaks or | Drawings not to |
creases which would render them unsuitable for reproduction by | be creased |
photography. | |
18. If an applicant desires to adopt the drawings lodged with his Drawings
provisional specification as the drawings or part of the drawings for his complete specification, he shall refer to them in the complete specification as those lodged with the provisional specification.
PART IV
EXAMINATION OF APPLICATIONS AND ACCEPTANCE OF COMPLETE SPECIFICATIONS
19. (1) When the Registrar, in making the investigation under section sixteen, finds that the application or specification does not comply with the requirements of subsection (1), the Registrar may refuse to accept the application or require the application or the specification which accompanied it to be amended in such manner as may be necessary. - (2)
- The Registrar may appoint a hearing if he considers it desirable to do so, having regard to the time remaining for putting the application in order or other circumstances of the case.
- (3)
- When a hearing is appointed, the applicant shall be given fourteen days' notice of the appointment or such shorter notice as appears to the Registrar to be reasonable in the circumstances and shall as soon as possible notify the Registrar whether he will attend the hearing.
- (4)
- After hearing the applicant, or without a hearing if the applicant has not attended or has notified that he does not desire to be heard, the Registrar may direct or permit such amendment of the specification as will be to his satisfaction, and may refuse to accept the specification unless such amendment is made within such period as he may fix.
20. An application under section twenty for extension of time for accepting a complete specification shall be given in Form No. 9.
lodged with provisional specification
Examination procedure under section 16
Extension of time under section 20 21. A notice under the proviso to subsection (1) of section twenty-one | Extension of |
requesting postponement of the acceptance of a complete specification | time under |
to a date, not being later than eighteen months from the date of lodging | section 21 |
of the application, shall be given in Form No. 10. | |
22. (1) When notice of acceptance of a complete specification has been | Publication of |
given by the Registrar in terms of subsection (2) of section twenty-one, | acceptance |
the applicant shall advertise the acceptance in the Patent Journal within | |
one month of the date of such acceptance or within such further time as | |
the Registrar may allow. | |
(2) At any time prior to the publication of the acceptance of a complete | |
specification the Registrar may, if he thinks fit, on application made in | |
Form No. 11, cancel such acceptance. | |
(As amended by F.G.N. No. 55 of 1960) | |
23. The fee for inspecting an application, specification and drawings | Inspection of |
shall be as set out in item 49 of the First Schedule. | application, |
| specification |
| and drawings |
PART V | |
OPPOSITION TO GRANT OF | |
PATENT | |
24. A notice of opposition to the grant of a patent shall be given in | Notice of |
Form No. 12. | opposition |
- The period within which a counter-statement may be lodged by Counter-statement the applicant shall be two months from the date of receipt by him of the notice of opposition. If such counter-statement is not lodged within the said period or within such further period as the Registrar may allow, the application shall be deemed to be abandoned.
- The objector may, within two months from the receipt of the copy of the counter-statement, file evidence in accordance with the provisions of section sixty-five in support of his case and shall serve on the applicant a copy thereof.
- Within two months from the receipt of the copy of the objector's evidence or, if the objector does not file any evidence, within two months from the expiration of the time within which the objector's evidence might have been filed, the applicant may file evidence in accordance with the provisions of section sixty-five in support of his case and shall serve on the objector a copy of the evidence; and within two months from the receipt of the copy of the applicant's evidence, the objector may file evidence confined to matters strictly in reply and shall serve on the applicant a copy of the evidence.
- The Registrar may extend the periods mentioned in regulations 25, 26 and 27 if a request in writing for such extension is made at any time within the said periods or extended periods.
- Proof of service of all notices, statements or other documents referred to in these Regulations shall be furnished to the Registrar.
- (1) When the foregoing provisions of this Part have been complied with, the Registrar shall hand all relevant papers to the registrar of the High Court.
(2) Copies of all documents, other than specifications, referred to in the notice of opposition or in any statement or evidence filed in connection with the opposition shall be furnished for the use High Court, unless the High Court otherwise directs.
PART VI
SUBSTITUTION OF
Filing of evidence by objector
Filing of evidence by applicant
Extension of time under regulations 25, 26 and 27
Proof of service of notices, statements, etc.
Supply of documents, etc., to High Court
APPLICANTS, ETC.
31. (1) A claim under subsection (1) of section twenty-three that an application for a patent shall proceed in the name of the claimant or in the names of the claimant and the applicant or the other joint applicant or applicants shall be made in Form No. 13 and shall be accompanied by a copy of any assignment or agreement upon which the claim is based, which copy shall be certified by the claimant, the applicant or the agent of either of them, as the case may be.
(2) If so required by the Registrar, the original assignment or agreement shall also be produced for his inspection and he may also call for such other proof of title or written consent as he may require.
32. (1) An application under subsection (5) of section twenty-three by any party to a joint application for the directions of the Registrar as to the name of the party, or the manner in which an application for a patent shall be proceeded with, shall be made in Form No. 14 and shall be accompanied by a statement setting out fully the facts upon which the applicant relies and the directions which he seeks. - (2)
- A copy of the application and statement shall be sent by the Registrar to each other joint applicant (the applicant shall supply a sufficient number of copies for that purpose) and thereafter the Registrar shall appoint a time for the hearing of the case and shall give the parties at least fourteen days' notice of the appointment.
- (3)
- After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Registrar shall in accordance with the provisions of subsection (5) of section twenty-three give directions as he thinks fit for enabling the application to proceed in the name of one or more of the parties or for regulating the manner in which it shall be proceeded with or for both those purposes, according as the case may require.
PART VII
Procedure under subsection (1) of section 23
Procedure under subsection (5) of section 23
SEALING AND FORM OF PATENT AND RENEWAL FEES - An application for the sealing of a patent shall be made in Form No. 15.
- (1) An application for an extension of time under proviso (iv) to subsection (2) of section twenty-five shall be made in Form No. 16 and the period of extension shall not exceed three months.
(2) An application under proviso (v) to subsection (2) of section twenty-five for a further extension of time shall be made in Form No. 17. - A patent shall be in the form set out in the Second Schedule or in such form modified as directed by the Registrar to meet the circumstances.
- An application under section twenty-six for the amendment of a patent shall be made in Form No. 18 and shall be accompanied by evidence verifying the statements therein and by the letters patent.
- If it is desired at the expiration of the third year of the term of a patent or of any succeeding year during the term of the patent to keep the patent in force, the renewal fees set out in item 18 of the First Schedule shall be paid by lodging Form No. 19 before the expiration of that year:
Provided that where the sealing of the patent is delayed beyond the periods set out herein, by reason of opposition or the application having been kept secret or an extension under proviso (v) to subsection (2) of section twenty-five having been granted, the renewal fees may be paid at the time the patent is sealed. The Registrar may in his discretion grant an extension of time not exceeding six months from the date of sealing for payment of such fees.
(As amended by F.G.N. No. 206 of 1959 and F.G.N. No. 363 of 1960)
Request for sealing