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

Chapter V : Applications for patents

40. Lapsing of applications

 

 

If a complete specification is not accepted within 18 months from the date of an application, the application shall lapse unless—

(a) an appeal has been lodged in respect of the application;
(b) the time within which such appeal may be lodged has not expired; or
(c) the delay in accepting the specification was not due to any act or omission on the part of the applicant: Provided that where an application is made for an extension of time for the acceptance of a complete specification, the registrar shall, on payment of the prescribed fee, grant an extension of time to the extent applied for, but not exceeding three months: Provided further that the registrar may, on good cause shown and on payment of the prescribed fee, grant a further extension of time.