| (1) |
The provisions of this Act shall apply in respect of all patents, whether granted before or after the date of commencement of this Act: Provided that a patent granted on an application made before such commencement shall— |
| (a) |
not be revoked except upon any ground on which it could have been revoked in terms of the repealed law; |
| (b) |
not be subject to the provisions of section 44(4) of this Act; |
| (c) |
unless it is revoked in terms of paragraph (a), expire on the date on which it would in terms of the repealed law have expired if that law had not been repealed; and |
| (d) |
be subject to the provisions of section 39 of the repealed law, except that the term of any such patent shall not be extended for a period exceeding five years, and provided further that, as from 1 January 1979, no renewal fees shall be payable in respect of such an extended period. |
[Paragraph (d) substituted by section 28 of Act No. 38 of 1997.]
| (2) |
All applications and proceedings commenced under the repealed law shall be dealt with in accordance with the provisions of that law. |
Intellectual Property Rights from Publicly Financed Research and
