Patents Act · 2023 Revised Edition · Part · Applications for Patents
25. Manner of application
Official textFrom Attorney General's Chambers, unchanged
Every application for a patent —
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
shall be made in the prescribed form and shall be filed at the
Registry in the prescribed manner; and
shall be accompanied by the fee prescribed for the purposes of this subsection.
Where an application is not accompanied by the fee mentioned in subsection (1)(b), the fee shall be paid within the prescribed period.
Every application for a patent shall contain —
a request for the grant of a patent;
a specification containing a description of the invention, a claim or claims and any drawing referred to in the description or any claim; and
an abstract, but this subsection shall not prevent an application being initiated by documents complying with section 26(1).
Patents
The specification of an application shall disclose the invention in a manner which is clear and complete for the invention to be performed by a person skilled in the art.
The claim or claims shall —
define the matter for which the applicant seeks protection;
be clear and concise;
be supported by the description; and
relate to one invention or to a group of inventions which are so linked as to form a single inventive concept.
Without prejudice to the generality of subsection (5)(d), the rules may provide for treating two or more inventions as being so linked as to form a single inventive concept for the purposes of this Act.
The purpose of the abstract is to give technical information and on publication it shall not form part of the state of the art by virtue of section 14(3), and the Registrar may determine whether the abstract adequately fulfils its purpose and, if it does not, may reframe it so that it does.
Registrar
“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
An application for a patent may be withdrawn at any time before the patent is granted and any withdrawal of such an application may not be revoked.
Terms defined in s 2
patent
Defined · s 2“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
prescribed form
Defined · s 2“prescribed form” means a form published by the Registrar under section 113;
Registrar
Defined · s 2“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
Part
Procedure for Grant of Patent
Part
Provisions as to Patents After Grant
Part
Property in Patents and Applications for Patents and Registration
Part
Employees’ Inventions
Part
Contracts as to Patented Products
Part
Licences of Right and Compulsory Licences
Part
Use of Patented Inventions for Services of Government
Part
Infringement of Patents
Part
Revocation of Patents and Validity Proceedings
Part
Amendments of Patents and Applications
Part
International Applications for Patents
Part
Legal Proceedings
Part
Offences
Part
Patent Agents
Part