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

Regulations

The Patents Examination Regulations, 2003

15 - 17. Conduct of Examination

 

15
(a) The examiner(s) shall be responsible for setting the required examination paper(s) in the subject concerned, which shall be submitted to the moderator to be moderated. The examiner(s) shall also be responsible for marking the examination scripts, and for allocating marks and symbols as provided in regulation 17 16(a);
(b) The moderator shall be responsible for evaluating the examination paper(s) when it is (they are) submitted to him or her in terms of paragraph (a) of this regulation, and for evaluating the marks and symbols awarded by the examiner(s) in respect of the examination scripts;
(c) The examinations for the Group 1 subjects and for subject (g) in Group 2 will be closed book examinations. The examination papers for Group 1 subjects will be structured to include questions that require one word/one sentence answers (one mark questions); short questions (5-10 marks) and essay-type questions (15-25 mark questions). The Board will satisfy itself that the examination paper is balanced and as far as possible tests the candidates’ knowledge of a substantial part of the syllabus;
(d) Candidates writing the two four-hour papers for subject (e) in regulation 9 will be given two extra hours within which to complete each paper. The only material that candidates will be entitled to bring into the examination venue are one or more dictionaries. For the purposes of marking, the second paper will be divided into two main sections:
(i) the claims, to which 50% of the marks will be allocated; and
(ii) the rest of the specification, to which the remaining 50% of the marks will be allocated.

In order to obtain a pass for this paper, candidates must obtain not less than 40% for each of these two sections.

(e) The syllabus for subject (f) in regulation 9 will be divided between two papers, and candidates will be informed of the division prior to the examinations. The only materials candidates will be entitled to bring into the examination venue are the Supreme Court Act, the Uniform Rules of the High Court, and the Patents Act and regulations; and
(f) Before the results of any examination are made final, they shall be approved by the Board.

 

16
(a) The pass mark in each subject shall be 50 per cent.

The following symbols shall be used to reflect the marks awarded to a candidate in each subject:

A: 75 per cent and over
B: 60-74 per cent
C: 50-59 per cent
F: 49 per cent and under (unless a supplementary examination has been allowed)
S: Supplementary examination allowed;
(b) If a candidate has failed an examination in a subject but has obtained at least 45 per cent in that subject, the Board may, after taking into consideration any other examination results of the candidate, allow the candidate to sit for a supplementary examination in that subject;
(c) If a candidate has enrolled for an examination in a particular subject but is prevented from sitting for it by reason of illness, the Board may, upon being provided with an acceptable medical certificate, and after taking into account any other examination results of the candidate, allow the candidate to sit for an aegrotat examination in that subject;
(d) A supplementary or aegrotat examination may at the discretion of the examiner(s) or moderator(s) be in the form of a written or an oral examination. However, a supplementary or aegrotat examination for subject (g) in regulation 9 must be in the form of an oral examination; and
(e) Supplementary and aegrotat examinations shall be held at a time and place determined by the Chairperson in consultation with the relevant examiner(s) and moderator(s) as soon as possible after the examination in respect of which the supplementary or aegrotat examination was allowed. (c) If a candidate has enrolled for an examination in a particular subject but is prevented from sitting for it by reason of illness, the Board may, upon being provided with an acceptable medical certificate, and after taking into account any other examination results of the candidate, allow the candidate to sit for an aegrotat examination in that subject;

 

17. A candidate who has passed a subject or obtained an exemption from a subject, shall retain credit for that subject for a period of five years or for such longer period as the Board may allow. In the event of a candidate not passing or being exempted from every subject provided for by regulation 9 within such period of five years, the Board may, in its discretion, either extend such period or require the candidate to sit for one or more of the subjects again. In exercising its discretion in terms of this regulation, the Board shall consider the general performance of the candidate, as well as changes in the relevant law, practice or syllabus, and any other circumstances, which it may consider relevant.