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Patents Act, 1978 (Act No. 57 of 1978)

Chapter V : Applications for patents

32. Contents of specification

 

 

(1) Every specification shall indicate whether it is a provisional or a complete specification, and shall commence with a title sufficiently indicating the subject-matter of the relevant invention.

 

(2) A provisional specification shall fairly describe the invention.

 

(3) A complete specification shall—
(a) have an abstract as prescribed;
(b) sufficiently describe, ascertain and, where necessary, illustrate or exemplify the invention and the manner in which it is to be performed in order to enable the invention to be performed by a person skilled in the art of such invention; and
(c) ...
(d) end with a claim or claims defining the invention for which protection is claimed.

[Sub-section (3) substituted by section 1 of Act No. 58 of 2002.]

 

(4) The claim or claims of a complete specification shall relate to a single invention, shall be clear, and shall be fairly based on the matter disclosed in the specification.

 

(5) Drawings and illustrations, if any, shall be as prescribed.

 

(6) If a complete specification claims as an invention a micro-biological process or a product thereof and requires for the performance of the invention the use of a micro-organism which is not available to the public on the date of lodging of the application and which cannot be made or obtained on the basis of the description in the specification, the micro-organism shall be dealt with in the prescribed manner.

[Sub-section (6) substituted by section 2(1) of Act No. 44 of 1986.]

(Date of commencement: 14 July, 1997.)