Patents Act, 1978 (Act No. 57 of 1978)Chapter V : Applications for patents43. Inspection by public |
| (1) | After the publication contemplated in section 42, or after being open for public inspection in terms of subsection (3) of this section, the patent and the application and all documents lodged in support thereof shall on payment of the prescribed fee be open to public inspection in the patent office. |
| (2) | When an application which claims a priority date in terms of section 31(1) is so open to public inspection, any other application from which it claims a priority date and any documents lodged in support of such an application shall simultaneously be open likewise to public inspection. |
| (3) | If the acceptance of an application which claims priority in terms of section 31(1)(c) is not published in terms of section 42 within 18 months from the earliest priority date claimed from the relevant application in a convention country, it shall be open to public inspection as provided in subsection (1). |
[Sub-section (3) substituted by section 4 of Act No. 67 of 1983.]
(4)
| (a) | After the expiry of five years following the date of application for a patent, any person may apply to the registrar for the patentee to supply the applicant with the prescribed particulars of any search report issued in another country in respect of an application for a patent relating to the same subject-matter which has been lodged in that country. |
| (b) | On receipt of the application, the registrar shall forward a copy thereof to the patentee at the patentee’s address for service. |
| (c) | If the patentee fails to comply with the application within three months of receipt of the copy of the application at the patentee’s address for service, the applicant may apply to the commissioner for an order requiring compliance with the application. |
| (d) | Upon an application for compliance, the commissioner may order such compliance and, if the order is not complied with, the commissioner may make the further order that he or she thinks fit. |
[Sub-section (4) added by section 37 of Act No. 38 of 1997.]