| (1) |
An application accompanied by a complete specification may claim priority from— |
| (a) |
the date of the lodging of a prior application relating to the same subject-matter, accompanied by a provisional specification; |
| (b) |
the date of the lodging of a prior application relating to the same subject-matter, accompanied by a complete specification and claiming no priority; or |
| (c) |
the date of an application in a convention country relating to the same subject-matter, provided— |
| (i) |
in the case of an application claiming priority in terms of paragraph (a) or (b) the prior application was lodged not earlier than one year before or, on payment of the prescribed fee, not earlier than 15 months before, the date of the application claiming priority; |
[Paragraph (i) substituted by section 1(a) of Act No. 67 of 1983.]
| (ii) |
[Paragraph (ii) deleted by section 1(b) of Act No. 67 of 1983.] |
| (iii) |
in the case of an application claiming priority in terms of paragraph (c) the application in the convention country was lodged not earlier than one year before the convention application and was the first application in any convention country in respect of the relevant invention; and |
| (iv) |
the applicant in the application claiming priority is the proprietor of the prior application referred to in paragraph (a) or (b) or of the application in the convention country referred to in paragraph (c), or the applicant has acquired the right to claim priority in the Republic. |
[Paragraph (iv) substituted by section 34 of Act No. 38 of 1997.]
| (2) |
Where, after the lodging of the first application in a convention country in respect of any invention a subsequent application is lodged in that country in respect of the same invention, such subsequent application shall be deemed to be the first application in that country in respect of that invention if, at the time of the lodging thereof— |
| (a) |
the previous application had been withdrawn, abandoned or refused without having been open to public inspection; |
| (b) |
no priority rights have been claimed on the strength of such previous application; and |
| (c) |
no rights are outstanding in the convention country in question in connection with such previous application. |
| (3) |
An application which has been withdrawn, abandoned or refused shall not after the lodging of a subsequent application relating to the same subject-matter, be capable of supporting a claim for priority rights under this section unless any rights are outstanding in the Republic or in any convention country in connection with the first-mentioned application. |
| (4) |
Where a person has applied for protection for any invention by an application which— |
| (a) |
in accordance with the terms of a treaty subsisting between any two or more convention countries, is equivalent to an application duly made in any one of those convention countries; or |
[Paragraph (a) substituted by section 1 of Act No. 44 of 1986.]
| (b) |
in accordance with the law of any convention country is equivalent to an application made in that convention country, he shall for the purposes of this section be deemed to have applied in a convention country. |
| (5) |
If no priority is claimed from an application accompanied by a provisional specification within the period specified in subparagraph (i) of subsection (1), the application shall lapse. |
[Sub-section (5) substituted by section 2 of Act No. 14 of 1979.]
Housing Development Agency Act, 2008
