The Industrial Property Act, 2001
Amendment and
division of
application
21
36. (1) The applicant may amend the application, provided that the
amendment shall not go beyond the disclosure in the initial application.
(2) The applicant may divide the initial application into one or more
applications (hereinafter referred to as “divisional applications”) provided
that each divisional application shall not go beyond the disclosure in the
initial application.
Right of priority
37. (1) The application may contain a declaration claiming the priority as
provided for in the Paris Convention of one or more earlier national, regional
or international applications filed by the applicant or his predece ssor in title
in or of any state party to the Paris Convention.
(2) The Managing Director may, at any time after the expiration of three
months from the filing of an application containing the declaration, require
that the applicant furnish a copy of the earlier application, certified as correct
by the Institute with which it was filed or, where the earlier application is an
international application filed under the Patent Co-operation Treaty, by the
International Bureau.
Information
concerning
corresponding
foreign
applications and
grants
38. (1) At the request of the Managing Director, the applicant shall furnish
him with the date and number of any application for a patent or other title of
protection filed by the applicant with a national industrial property office of
another country or with a regional industrial property office (in this Act
referred to as a “foreign applications”), relating to the same invention as that
claimed in the application filed with the Managing Director.
(2) The applicant shall, at the request of the Managing Director, furnish him
with the following documents relating to one of the foreign applications: (a) copies of any communication received by the applicant concerning the
results of any search or examination carried out in respect of the foreign
applications;
(b) a copy of the patent or other title of protection granted on the foreign
application; and
(c) a copy of any final decision rejecting the foreign application or refusing
the grant requested in the foreign application.
(3) The applicant shall, at the request of the Managing Director, furnish him
with a copy of any decision revoking or invalidating the patent or any other
title of protection granted by the applicant on the basis of the foreign
application.
(4) The applicant shall, at the request of the Managing Director, furnish him
with copies of any communication received by the applicant concerning the
results of any search or examination carried out in respect of any foreign
application other than the one referred to in subsection (2).