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12 1964

PATENTS ACT, 1964

SECOND SCHEDULE.

Transitional Provisions.

Section 5 .

1. Subject to the provisions of this Schedule, any order, regulation, rule, patent, requirement, certificate, notice, decision, direction, authorisation, consent, application, request or thing made, granted, issued, given or done under any enactment repealed by this Act shall, if in force at the commencement of this Act, and so far as it could have been made, granted, issued, given or done under this Act, continue in force and have effect as if made, granted, issued, given or done under the corresponding enactment of this Act.

2. Section 10 of this Act shall apply in relation to a complete specification filed before the commencement of this Act as it applies to a complete specification filed after the commencement of this Act.

3. Notwithstanding anything in subsection (2) of section 8 of this Act, a complete specification shall not be filed in pursuance of an application which, by virtue of section 16 of the Act of 1927, was deemed to be abandoned at any time before the commencement of this Act.

4. Where a complete specification (other than a specification relating to an invention referred to in section 55 of the Act of 1927) has been filed before the commencement of this Act but has not been accepted, then, in relation to matters arising before the acceptance or refusal of acceptance of the complete specification, the provisions of this Act shall not apply, but the provisions of the Act of 1927 shall continue to apply notwithstanding the repeal of those provisions of that Act:

Provided that the provisions of this Act shall apply in any such case in which evidence under section 19 of the said Act of 1927 is not furnished within three months after the date of the commencement of this Act.

5. The provisions of sections 19 , 34 and 35 of this Act relating to the grounds on which the grant of a patent may be opposed or on which a patent may be revoked shall not apply in any case where the complete specification was accepted before the commencement of this Act, but the provisions of the Act of 1927 relating to those matters shall continue to apply in any such case notwithstanding the repeal of those provisions of that Act.

6. Where a specification filed before the commencement of this Act has become open to public inspection it shall continue to be open to public inspection notwithstanding anything in section 69 of this Act.

7. Where two or more persons are registered as grantee or proprietor in respect of a patent which was granted or for which application was made before the commencement of this Act, the right of each of those persons to assign the whole or part of his interest in the patent shall not be restricted by reason only of the provisions of section 51 of this Act.

8. Subsections (1) and (3) of section 26 of this Act shall not apply to any patent granted before the commencement of this Act.

9. Section 29 of this Act shall have effect, in relation to a patent which has ceased to have effect before the commencement of this Act, as if for the reference to section 26 of this Act there were substituted a reference to section 33 of the Act of 1927.

10. Where the time allowed under section 25 of the Act of 1927 for the sealing of a patent has expired before the commencement of this Act and the patent has not been sealed, section 30 of this Act shall have effect in relation to the application for the patent as if for the reference to section 23 of this Act there were substituted a reference to section 25 of the Act of 1927.

11. In relation to any proceedings pending at the commencement of this Act the provisions of sections 32 and 58 of this Act shall not apply but the provisions of sections 38 and 50 of the Act of 1927, shall continue to apply notwithstanding the repeal of those sections of that Act.

12. Any document referring to any enactment repealed by this Act shall be construed as referring to the corresponding enactment of this Act.

13. The provisions of section 75 of this Act shall not apply to any appeal from a decision of the Controller under any provision of the Act of 1927, which is pending at the commencement of this Act but the provision of the Act of 1927 shall continue to apply to the appeal notwithstanding the repeal of that provision of that Act.