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

Regulations

Patent Regulations, 1978

1. Definitions

 

 

(1) In these regulations the expression 'the Act' means the Patents Act, 1978, and, unless the context otherwise indicates, an expression used in these regulations to which a meaning has been assigned in the Act shall bear the meaning so assigned and-

 

"access code"

means the unique identification particulars, whether alphanumeric, biometric or otherwise, enabling the CIPRO system to identify a person;

 

"CIPRO"

means the Companies and Intellectual Property Registration Office that constitutes a combined administrative office for the various registration offices established or deemed to be established under the Act, the Trade Marks Act, 1993 (Act 194 of 1993), the Designs Act, 1993 (Act 195 of 1993), the Registration of Copyright in Cinematograph Films Act, 1977 (Act 62 of 1977), the Close Corporations Act, 1984 (Act 69 of 1984), and the Companies Act, 1973 (Act 61 of 1973);

 

"CIPRO customer"

means any person using electronic services and includes any person who has been allowed by the Registrar to use electronic services, who is legally entitled to act on behalf of a natural or juristic person, and who has thus been allowed to use or provide electronic services or to act as an intermediary in respect of electronic services;

 

"CIPRO portal"

means the Internet website or other electronic portal forming part of the CIPRO system;

 

"CIPRO record retention system"

means the system used by CIPRO to store records for subsequent access, whether in paper, microfilm, electronic or any other form;

 

"CIPRO system"

means the computer system, including the CIPRO portal, through which CIPRO provides electronic services, irrespective of the medium or form of technology underlying or forming part of such services;

 

"electronic services"

means the services provided or made available by CIPRO through the CIPRO system in terms of regulation 1A;

 

"inspect"

includes obtaining access to a record via the CIPRO system;

 

"lodge"

includes the creation of a record on the CIPRO system;

 

"office"

means the patent office established under section 5(1) of the Act;

 

"operational requirements"

means the requirements provided for in regulation 1A(2); and

 

"priority document"

means a copy of the application and all relevant documents lodged with such application in a convention country certified by the authority with whom the application in the convention country was filed.

 

(2) These regulations shall apply to all patents and patent applications subject to the modifications set out in Chapter 1A in respect of international applications designating the Republic.