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

Chapter V : Applications for patents

36. Power to refuse applications in particular cases

 

 

(1) If in the case of any application it appears to the registrar
(a) that the application is frivolous on the ground that it claims as an invention anything obviously contrary to well established natural laws; or
(b) that the use of the invention to which the application relates would be generally expected to encourage offensive or immoral behaviour, he shall refuse the application.

 

(2) If it appears to the registrar that any invention in respect of which an application for a patent is made might be used in any manner contrary to law, he may refuse the application unless the specification is amended by the addition of such disclaimer in respect of that invention, or such other reference to the illegality thereof, as the registrar may think fit.