A.39
(f) that the patentee failed to inform the Registrar about any
corresponding foreign application filed or furnished information
which in any material particular was false; or
(g) that the patent was obtained on a misrepresentation.
(2) A claim arising from an invalidated patent shall be regarded as
null and void from the date of the grant of the patent.
(3) Where an application for the invalidation of a patent is made to
the High Court, it shall be served on the patentee and lodged with the
Court in the manner and within the time prescribed.
(4) Where subsection (3) applies, the Master shall notify the Registrar
of any decision of the Court invalidating the patent and the Registrar
shall, within such time and such manner as may be prescribed, publish
the invalidation reference in the Journal.
PART III – International Application Under the Patent
Cooperation Treaty
37. Subject to the provisions of this Part, an international application
designating Botswana shall be treated as an application for a patent filed
under this Act and shall have as its filing date the international filing
date accorded under the Patent Cooperation Treaty.
38. The Office shall be —
(a) the receiving office in respect of an international application
lodged at it by a person who is a resident or citizen of Botswana;
(b) the designated office in respect of an international application
designating Botswana; and
(c) the elected office, if an applicant in an international application
designating Botswana elects Botswana for purposes of an
international preliminary examination under Chapter II of the
Patent Cooperation Treaty.
39. The Office shall not commence the processing of an international
application before the expiration of the time limit referred to in section
40, except where the applicant has filed an express request for early
commencement of the processing.
40. (1) The applicant in respect of an international application
designating Botswana shall, before the expiration of 30 months from
the date of filing an international application —
(a) pay the prescribed fee to the Office; and
(b) if the international application was not filed in English, or has
not been published under the Patent Cooperation Treaty as a translation
into English, file with the Office a translation of the international
application, containing the prescribed contents in English.
Effect of
international
application
designating
Botswana
Office as
receiving,
designated
and elected
office
National
processing
Entering
national phase