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Table of Contents
Patents Act No. 57 of 1978
General Note
Act
Introductory
1. Division of Act into Chapters
2. Definitions
3. Application of Act
4. State bound by patent
Chapter I : Administration
5. Establishment of patent office
6. Seal of patent office
7. Registrar of patents
8. Designation of commissioner of patents
9. Agents only to act in matters in ...
Chapter II : The Registrar of Patents and the Patent Journal
10. Register of patents
11. REPEALED
12. Inspection of register
13. Registrar to furnish information from register...
14. Patent Journal
Chapter III : Powers and duties of Registrar and Commissioner
15. Powers of registrar
16. Exercise of discretionary power by registrar ...
17. General powers of commissioner
18. Proceedings before commissioner
19. Procedure in connection with proceedings before ...
Chapter IV : Patent Agents and Patent Attorneys
20. Qualifications and registration of patent ...
21. Patent Examination Board
22. Privileges of attorneys
23. Removal of name of patent agent ...
24. Persons entitled to practise as patent ...
Chapter V : Applications for patents
25. Patentable inventions
26. Prior knowledge or publication of ...
27. Who may apply for a patent
28. Disputes as to rights in or to inventions ...
29. Joint ownership of applications
30. Form of application for a patent
31. Claiming priority
32. Contents of specification
33. Priority dates
34. Examinations of applications and ...
35. Procedure if result of examination of ...
36. Power to refuse applications in ...
37. Procedure in case of amendment ...
38. Circumstances in which complete ...
39. Manner of obtaining and effect ...
40. Lapsing of applications
41. Disposal of specifications in lapsed ...
42. Notice and publication of acceptance ...
43. Inspection by public
Chapter VA : International applications under the Patent Cooperation Treaty
43A. Interpretation
43B. Effect of international application ...
43C. Patent office as receiving, designated ...
43D. National processing
43E. Commencement of national phase
43F. Administration
Chapter VI : Grant, duration and effect of patents
44. Granting and sealing of patent
45. Effect of patent
46. Duration of patent
47. Restoration of lapsed patent
48. Rights of patentee of restored patent
49. Joint ownership in patents
Chapter VII : Corrections and Amendments
50. Correction of clerical errors and amendments ...
51. Amendment of specification
52. Rectification of register
Chapter VIII : Licences
53. Licences of right
54. Cancellation of endorsement on patent
55. Compulsory licences in respect of ...
56. Compulsory licence in case of abuse ...
57. Termination of contracts relating ...
58. Effect of licence
Chapter IX : Assignment, attachment and ...
59. Assignment and devolution of patents by ...
60. Assignment, attachment and hypothecation ...
Chapter X : Revocating of patents
61. Grounds for application for revocation of ...
62. Patents comprising more than one invention
63. After revocation on ground of fraud ...
64. Voluntary surrender of patent
Chapter XI : Infringement
65. Proceedings for infringement
66. Restriction on recovery of damages ...
67. Presumptions in relation to new ...
68. Relief for infringement of partially ...
69. Declaration as to non-infringement
69A. Acts of non-infringement
70. Remedy for groundless threats of ...
71. Special provisions as to vessels ...
Chapter XII : Evidence
72. Register to be evidence
73. Certificates of registrar to be prima facie evidence
74. Certification of validity
Chapter XIII : Appeals to Commissioner and the court
75. Appeal from registrar to commissioner
76. Appeal from the commissioner to the court
77. Agreement to accept commissioner's ...
Chapter XIV : Acquisition of rights to inventions and patents by the State
78. Acquisition of invention or patent by State
79. Assignment of certain patents to the State
80. Minister may require inventions to be kept ...
Chapter XV : Offences and penalties
81. Penalties for making false entries ...
82. Penalty for making false statements ...
83. Prohibition of trafficking in patents ...
84. Penalty for improper use of words ...
85. Penalties for certain false representations
Chapter XVI : Miscellaneous
86. Documents may be sent by post
87. Address for service
88. Calculation of periods of time
89. Condonation or correction of irregularities ...
90. Certain conditions excluded from contracts
91. Regulations
92. Amends section 16bis (1) of the Universities Act ...
93. Amends section 16duodec (1)(a) of the Universities ...
94. Amends section 16tredec of the Universities Act
95. Repeals of laws
96. Short title and commencement
Schedule
Laws Repealed
Regulations
Patent Regulations, 1978
Notice No. R2470 of 1978
1. Definitions
1A. Electronic Services
Chapter 1 : Procedure in the patent office (Regs 2-67)
Fees
Forms
The register and indices
Office hours
Power of attorney
Address for service
Corrections or alterations
Documents
Drawings
Application for the grant of patents
Provisional specification
Complete specification
Microbiological processes and products
Title
Claims
Abstract
Drawings in a provisional specification
Declaration
Application for a patent of addition
Application to amend, or to lodge a fresh application
Late lodging of documents
Requests and applications to the registrar
Examination
Acceptance
Publication of acceptance
Particulars of search reports
Sealing of a patent
Renewals
Restoration
Amendment of specifications
Opposition proceedings before the registrar
Title to and interest in inventions, patent applications and patents
Endorsement or cancellation of endorsement on patent
Voluntary surrender of patent
Chapter IA : Procedure in the patent office in relation to international applications
International application lodged with the patent office as receiving office
National phase entry form
Entering national phase under Chapter I of the Patent Cooperation Treaty
Entering national phase under Chapter II of the Patent Cooperation Treaty
Missing translation of an amendment
Appointment of agent
Convention application
Acceptance, publication and sealing
Renewals
Chapter II : Patent agents and patent attorneys (Regs 68-75)
Patent agents and patent attorneys
Attorneys entitled to practise as patent agents
Chapter III : The Court of the Commissioner of Patents (Regs 76-105)
The Court of the Commissioner of Patents
Reasons of registrar
Appeals to the commissioner
Procedure on opposition
Application for revocation
Notice of future proceedings
Application for compulsory licence
Notice of motion
Proceedings for infringement
Time limits
Tariff of fees for proceedings before commissioner and registrar
Bibliographical data
Bibliographical data
Schedules
Schedule 1 : Fees
Schedule 1 : Fees
Schedule 2 : Forms
Form P1
Form P2
Form P3
Form P4
Form P5
Form P6
Form P7
Form P8
Form P9 [Deleted]
Form P10
Form P11
Form P12
Form P13
Form P14
Form P15
Form P16
Form P17
Form P18
Form P19
Form P20
Form P21
Form P22
Form P23
Form P24
Form P25
Schedule 3
Numerical References used on patent documentation
Schedule 4
Part I : International Abbreviations of Convention Countries
Part II : International Abbreviations of Convention Countries
Part III : International Abbreviations of Regional Receiving Offices
Schedule 5
Certificate
The Patents Examination Regulations, 2003
Notice No. 25 of 2003
1. Definitions
2. Examinations
3 - 8. Conditions for Enrolment
9. Subjects for Examination
10. Interpretation of Drawings
11. Instruction
12. Appointment of Course Convenors, Examiners and ...
13. Subjects and Syllabuses for Examination
14. Internships
15 - 17. Conduct of Examination
18. Misconduct in regard to Examinations
19. Application of these Regulations
20 - 21. Transitional Provisions
"registrar"
means the registrar of patents appointed in terms of
section 7
;
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