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

Chapter IV : Patent Agents and Patent Attorneys

Purchase

(1)	There is hereby established a board to be called the Patent Examination Board.

(2)	The board shall consist of—

(a)	the registrar of patents or his nominee, as the Minister may determine, who shall be chairman;

(b)	at least one person nominated by the law societies and appointed by the Minister;

(c)	at least one full-time lecturer in law at a university, who shall be appointed by the Minister;

(d)	at least two persons nominated by the South African Institute of Intellectual Property Law and appointed by the Minister; and

(e)	such other persons as the Minister may appoint.

(3)

(a)	The board may—

(i)	prescribe the syllabuses of instruction for the prescribed examination mentioned in section 20;

(ii)	prescribe the minimum qualifications required from candidates for admission to such prescribed examination;

(iii)

prescribe the period of academic and practical instruction that any such candidate shall undergo;

(iv)	grant exemptions to such candidates in respect of all or any of the prescribed courses of instruction by virtue of examinations passed in connection with such courses and set by any body recognized by the board;

(v)	grant recognition as the prescribed examination mentioned in section 20, to any examination conducted by a university;

(vi)	in co-operation with any body or person, arrange for the training, instruction or testing of candidates mentioned in subparagraph (ii);

(vii)

make disciplinary rules regarding the behaviour, training and instruction of such candidates, and provide for the enforcement thereof;

(viii)

appoint such examiners and moderators as it may consider necessary; and

(ix)	do anything else that in its opinion is necessary or convenient for giving effect to the provisions of this section, and the board shall—

(aa)	conduct the prescribed examination mentioned in section 20; and

(bb)	issue certificates to persons who have passed that prescribed examination.

(b)	Any matter prescribed by the board under paragraph (a) shall be published by it in the journal.

(4)	The Minister may with the concurrence of the Minister of Finance determine—

(a)	the fees payable by candidates for the examination mentioned in section 20;

(b)	the fees payable to examiners and moderators; and

(c)	the remuneration and allowances payable to members of the board.

(Date of commencement: 17 May, 1978.)