Section 97. Re-examination of complete specifications
Current to 02 Sep 2010
Incorporating Amendments up to Act No. 96 of 2010.
| (1) Subject to this section and the regulations, if: |
| (a) |
a request and complete specification relating to an application for a patent has been accepted; and |
| (b) |
the patent has not been granted; |
| the Commissioner may re-examine the complete specification. |
| (2) Subject to this section and the regulations, where a patent has been granted, the Commissioner may, and must if asked to do so by the patentee or any other person, re-examine the complete specification. |
| (3) Where the validity of a patent is disputed in any proceedings before a prescribed court under this Act, the court may direct the Commissioner to re-examine the complete specification and the Commissioner must re-examine the specification accordingly. |
| (4) Where relevant proceedings in relation to a patent are pending, the Commissioner must not re-examine the complete specification relating to the patent under subsection (2). |
| (a) |
the Commissioner has started to re-examine a complete specification relating to a patent under subsection (2); and |
| (b) |
relevant proceedings in relation to the patent are started; |
| the Commissioner must not continue the re-examination. |
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