Knowledge Development Box (Certification of Inventions) Act 2017
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Certain applications made in respect of 2 or more inventions | ||
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9. (1) Subsection (2) applies where— | ||
(a) 2 or more inventions are the subject of the same application, and | ||
(b) without prejudice to the generality of sections 4 and 5 , the Controller is minded to refuse to issue a KDB certificate in respect of the inventions on the ground that the inventions do not meet the requirement of section 6 . | ||
(2) The Controller may give the applicant a notice in writing stating that— | ||
(a) the Controller is minded to refuse to issue a KDB certificate in respect of the inventions the subject of the application on the ground that the inventions do not meet the requirement of section 6 , | ||
(b) the applicant may, within 30 days of the date of issue of the notice, give the Controller a notice in writing (in this section referred to as the “identifying notice”) identifying which one of those inventions (in this subsection referred to as the “identified invention”) the applicant wishes the Controller to further consider the application on the basis that the identified invention shall be treated as the only invention the subject of the application, | ||
(c) if the applicant does give the Controller the identifying notice before the expiration of the period referred to in paragraph (b), the applicant may, if it wishes to do so, make a new application in respect of any of the inventions which is not the identified invention, and | ||
(d) if the applicant does not give the Controller the identifying notice before the expiration of the period referred to in paragraph (b), the Controller will further consider the application on the basis on which the application was originally made. | ||
(3) The Controller shall be entitled to defer the further consideration of the application the subject of a notice under subsection (2) until— | ||
(a) the Controller is given the identifying notice before the expiration of the period referred to in paragraph (b) of that subsection, or | ||
(b) that period expires without the Controller being given the identifying notice, | ||
whichever first occurs. |