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

Regulations

Patent Regulations, 1978

Schedules

Schedule 2

Form P23

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Form P23

(To be completed in duplicate)

 

BUDAPEST TREATY ON THE INTERNATIONAL RECOGNITION

OF THE DEPOSIT OF MICROORGANISMS FOR THE

PURPOSES OF PATENT PROCEDURE

 

REQUEST 1

FOR THE FURNISHING OF SAMPLES

OF DEPOSITED MICROORGANISMS

[pursuant to Rule 11.3(a)]

 

To:

NAME AND ADDRESS OF

INTERNATIONAL DEPOSITARY AUTHORITY

 

THE UNDERSIGNED HEREBY REQUESTS THE FURNISHING OF A SAMPLE OF THE MICROORGANISM IDENTIFIED HEREUNDER, IN ACCORDANCE WITH THE RULE 11.3(a) OF THE REGULATIONS UNDER THE BUDAPEST TREATY

 

I.IDENTIFICATION OF THE MICROORGANISM

Accession number of the deposit:

II.PATENT APPLICATION OR PATENT REFERRING TO THE MICROORGANISM

c 2

Patent application No.

Filed by (name, address):

filed on

c 2

International Application (PCT) No.

Filed by (name, address):

filed on

c 2

 

Patent 3 No.

Granted to (name, address):

granted on

1

The requested must be sent to the competent industrial property office which, in conformity with its own applicable procedure, will either transmit it directly to the international depository authority or send it back to the certified party for transmission to the international depository authority.

2

Mark with a cross the applicable box

3

Reference to a "patent" shall be construed as reference to patents for inventions, investors' certificates, utility certificates, utility models, patents or certificates of addition, investors' certificates of addition, and utility certificates of addition.

III.REQUEST FOR INFORMATION

The undersigned:

c 2

requests

c 2

does not request

an indication of the conditions which the international depositary authority employes for the cultivation and storage of the microorganism.

IV.CERTIFIED PARTY

Name:

Signature4:

Address:

 

Date:

2

Mark with a cross the applicable box

4

Where the signature is required on behalf of a legal entity, the typewritten name(s) of the natural person(s) signing on behalf of the legal entity should accompany the signature(s).

CERTIFICATION

It is hereby certified that:

(1)

c 2

The patent application specified under II above, referring to the deposit of the microorganism identified under I above, has been filed with this Office for the grant of a patent and its subject matter involved the said microorganism or the use thereof.


c 2

The international application specified under II above, designates for the grant of a patent the State party to the Patent Cooperation Treaty (PCT) for which this office is the 'designated


c 2

The patent specified under II above, referring to the deposit of the microorganism identified under I above, has been granted by this Office and its subject matter involves the said microorganism or the use thereof.

(2)

c 2

publication for the purpose of patent procedure has been effected



c 5

by this office



c 5

by the International Bureau of the World Intellectual Property Organization as an international publication under the Patent Cooperation Treaty (PCT)


c 2

the certified party has a right to a sample before the publication in accordance with

(3)

c 2

The certified party has a right to a sample of the microorganism identified under I above under the law governing patent procedure before this Office is satisfied that the conditions, if any, prescribed by the said law have actually been fulfilled; or


c 2

the certified party has affixed his signature on a form before this Office and, as a consequence of the signature of the said form, the conditions for furnishing a sample of the microorganism identified under I above to the certified party are deemed too be fulfilled in accordance with the law governing patent procedure before this Office.

The Registrar of Patents

South African Patent Office

Zanza Building

116 Proes Street

Pretoria

South Africa

Signature 4 :

Date:

 

2

Mark with a cross the applicable box

5

If only one box applies, mark with a cross that box; if both boxes apply, mark with a cross one of the two boxes (choose one).

6

Cite the application provision of the law, including any court decision.