Patents Act, 1992

PART III

Short-Term Patents

Application for short-term patent.

63.—(1) An application under this Part may be made for a patent the term of which shall be ten years in lieu of the term provided for by or under section 36 in respect of a patent granted under Part II .

(2) A patent granted on such an application is referred to in this Part as a short-term patent.

(3) Part II shall apply to a short-term patent and an application for a short-term patent as it applies to a patent and an application for a patent under that Part subject to the necessary modifications and to the provisions of this Part.

(4) An invention shall be patentable under this Part if it is new and susceptible of industrial application provided it is not clearly lacking an inventive step.

(5) An application for a short-term patent shall be filed at the Office in the prescribed manner and be in the prescribed form.

(6) Rules made under Part II in relation to patent applications shall apply to an application for a short-term patent as they apply to an application under that Part except so far as otherwise prescribed, and different rules may be made in relation to short-term patents and applications for short-term patents.

(7) An application for a short-term patent shall—

(a) contain a request for the grant of a short-term patent;

(b) contain a specification which—

(i) describes the invention and the best method of performing it known to the applicant,

(ii) incorporates one or more claims, but not exceeding five, defining the matter for which protection is sought, which claims shall be clear and supported by the description, and

(iii) is accompanied by any drawing referred to in the description, claim or claims and an abstract to which section 22 shall apply.

(8) The application shall be accompanied by the prescribed filing fee unless the Minister prescribes a later date by which the fee may be paid.