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

Chapter VI : Grant, duration and effect of patents

44. Granting and sealing of patent

 

 

(1) As soon as practicable after the publication contemplated in section 42, a patent in the form prescribed shall be granted to the applicant, and the registrar shall cause the patent to be sealed with the seal of the patent office, and such sealing shall be deemed to have been effected on the date of that publication.

 

(2) The date on which that sealing is so deemed to have been effected shall for the purposes of this Act be the date of the sealing of the patent.

 

(3) The patent shall have effect from the date of the publication mentioned in subsection (1).

 

(4) No proceedings for the infringement of a patent shall be instituted within a period of nine months from the date of the sealing thereof: Provided that the commissioner may, on good cause shown, grant leave to institute such proceedings at any time after the date of the sealing of the patent.