Section 26: Patent Co-operation Treaty

26. Patent Co-operation Treaty (1) For the purposes of this section, “designate”, “designated office”, “elect”, “elected office”, “international application”, “international filing date”, “international preliminary examination” and “receiving office” have the same meaning as in the Patent Co-operation Treaty. (2) An international application designating Mauritius shall, subject to this section, be treated as an application for a patent filed under this Act having as its filing date the international filing date accorded under the Patent Co-operation Treaty. (3) The Controller shall, unless any agreement is in force under subsection (4), act as a receiving Office in respect of any international application filed with it by a resident or national of Mauritius. (4) The Controller may, with the consent of the Minister, make an agreement of the kind referred to in Rule 19.1 (b) of the Regulations made under the Patent Co-operation Treaty whereby an inter-governmental organisation or the national industrial property office of another Contracting State of the Patent Co-operation Treaty shall act instead of the Controller as receiving office for applicants who are residents or nationals of Mauritius. (5) The Controller shall act as a designated office in respect of an international application in which Mauritius is designated for the purposes of obtaining a patent under this Act. (6) The Controller shall act as an elected office in respect of an international application in which Mauritius is designated under subsection (5) if the applicant elects Mauritius for the purposes of international preliminary examination under Chapter II of the Patent Co-operation Treaty. (7) The Controller as designated office or elected office shall not commence processing of an international application designating Mauritius before the expiration of the time limit referred to in subsection (8) except if the applicant complies with the requirements of that subsection and files with the Controller an express request for early commencement of such processing. (8) The applicant shall, in respect of an international application designating Mauritius, before the expiration of the time limit applicable under Article 22 or 39 of the Patent Co-operation Treaty or of such later time limit as may be prescribed— (a) pay the prescribed fee to the Controller; and (b) if the international application was not filed in English, and has not been published under the Patent Co-operation Treaty in English, file with the Controller a translation of the international application, containing the prescribed contents, into English. (9) Where the applicant does not comply with the requirements of subsection (8) within the time limit referred to in that subsection, the international application shall be considered withdrawn. [Issue 1] P4 – 17 Patents, Industrial Designs and Trademarks Act (10) The Controller shall process international applications in accordance with the provisions of the Patent Co-operation Treaty, the regulations established thereunder and the Administrative Instructions under those regulations and with the provisions of this Act and the regulations made under this Act. (11) For the purposes of subsection (10), in the event of conflict, the provisions of the Patent Co-operation Treaty, any regulation made thereunder and the Administrative Instructions under those regulations shall prevail. (12) Any regulations under this Act may provide for the— (a) processing of internatio ration Treaty, the regulations established thereunder and the Administrative Instructions under those regulations and with the provisions of this Act and the regulations made under this Act. (11) For the purposes of subsection (10), in the event of conflict, the provisions of the Patent Co-operation Treaty, any regulation made thereunder and the Administrative Instructions under those regulations shall prevail. (12) Any regulations under this Act may provide for the— (a) processing of international applications; (b) functions of the Controller in connection with the Patent Cooperation Treaty, including fees payable, time limits, prescribed languages and other requirements in relation to international applications. PART IV – INDUSTRIAL DESIGNS