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

Regulations

Patent Regulations, 1978

Chapter 1 : Procedure in the patent office

Complete specification

 

 

28. A complete specification shall commence on Form P7 and shall be signed at the end thereof by an agent.

 

28bis.

(1) A complete specification which claims as an invention a microbiological process or a product thereof shall, where no samples of the micro-organism in question are available to the public as required by section 32(6) of the Act, only to be deemed fully to describe, ascertain and disclose the invention in terms of section 32(3)(b) and (c) if before acceptance of the application-
(a) a culture of the micro-organism has been deposited in a culture collection recognised by the European Patent Office for the purpose of rule 28 of the implementing regulations to the convention on the granting of European Patents;
(b) the complete specification gives such relevant information as is available to the applicant on the characteristics of the micro-organism;
(c) the complete specification gives the date when the culture was deposited, the culture collection in which it was deposited and the file number of the deposit.

 

(2) Before an application for a patent referred to in regulation 28bis(1) can be accepted, the applicant must furnish proof to the satisfaction of the Registrar that samples of the micro-organism in question are available from such culture collection to the public in the Republic of South Africa.