Patents Act, 1978 (Act No. 57 of 1978)Chapter VA : International applications under the Patent Cooperation Treaty43E. Commencement of national phase |
| (1) | Before the expiration of the applicable period contemplated in Article 22 or 39 of the Patent Cooperation Treaty or of such further period as may be prescribed by regulation under this Act, the applicant in respect of an international application designating or electing the Republic shall— |
| (a) | pay the prescribed national fee to the patent office; and |
| (c) | if the international application has not been lodged or published in terms of the Patent Co-operation Treaty in English, lodge at the patent office within the prescribed period a translation of the international application, containing the prescribed contents, in an official language of the Republic. |
[Paragraph (b) substituted by section 5(a) of Act No. 58 of 2002.]
| (2) | If the applicant does not comply with subsection (1) within the period referred to in that subsection, the international application concerned, insofar as the Republic is designated or elected, shall be deemed to have been abandoned for the purposes of this Act. |
[Sub-section (2) substituted by section 5(b) of Act No. 58 of 2002.]
| (3) | The registrar may upon application made either before or after the expiry of the further period contemplated in subsection (1), extend the period for a further period not exceeding three months. |
[Sub-section (3) added by section (5)(c) of Act No. 58 of 2002.]
[Section 43E inserted by section 38 of Act No. 38 of 1997.]