Patents Act, 1992
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PART III Short-Term Patents | ||
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Application for short-term patent. |
63.—(1) An application under this Part may be made for a patent the term of which shall be ten years in lieu of the term provided for by or under section 36 in respect of a patent granted under Part II . | |
(2) A patent granted on such an application is referred to in this Part as a short-term patent. | ||
(3) Part II shall apply to a short-term patent and an application for a short-term patent as it applies to a patent and an application for a patent under that Part subject to the necessary modifications and to the provisions of this Part. | ||
(4) An invention shall be patentable under this Part if it is new and susceptible of industrial application provided it is not clearly lacking an inventive step. | ||
(5) An application for a short-term patent shall be filed at the Office in the prescribed manner and be in the prescribed form. | ||
(6) Rules made under Part II in relation to patent applications shall apply to an application for a short-term patent as they apply to an application under that Part except so far as otherwise prescribed, and different rules may be made in relation to short-term patents and applications for short-term patents. | ||
(7) An application for a short-term patent shall— | ||
(a) contain a request for the grant of a short-term patent; | ||
(b) contain a specification which— | ||
(i) describes the invention and the best method of performing it known to the applicant, | ||
(ii) incorporates one or more claims, but not exceeding five, defining the matter for which protection is sought, which claims shall be clear and supported by the description, and | ||
(iii) is accompanied by any drawing referred to in the description, claim or claims and an abstract to which section 22 shall apply. | ||
(8) The application shall be accompanied by the prescribed filing fee unless the Minister prescribes a later date by which the fee may be paid. |