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Industrial Property - International Application Under The Patent Cooperation Treaty Ss 3741

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37.     Effect of international application designating Botswana

            Subject to the provisions of this Part, an international application designating Botswana shall be treated as an application for a patent filed under this Act and shall have as its filing date the international filing date accorded under the Patent Cooperation Treaty.

38.     Office as receiving, designated and elected office

            The Office shall be-

     (a)     the receiving office in respect of an international application lodged at it by a person who is a resident or citizen of Botswana;

     (b)     the designated office in respect of an international application designating Botswana; and

     (c)     the elected office, if an applicant in an international application designating Botswana elects Botswana for purposes of an international preliminary examination under Chapter II of the Patent Cooperation Treaty.

39.     National processing

            The Office shall not commence the processing of an international application before the expiration of the time limit referred to in section 40, except where the applicant has filed an express request for early commencement of the processing.

40.     Entering national phase

            (1) The applicant in respect of an international application designating Botswana shall, before the expiration of 30 months from the date of filing an international application-

     (a)     pay the prescribed fee to the Office; and

     (b)     if the international application was not filed in English, or has not been published under the Patent Cooperation Treaty as a translation into English, file with the Office a translation of the international application, containing the prescribed contents in English.

            (2) If the applicant does not comply with subsection (1), the international application shall be considered to be withdrawn.

            (3) The Registrar may, on an application made before or after expiry of 30 months from the date of filing of an international application, extend the time limit for a further period not exceeding three months.

41.     Processing of international applications

            (1) In processing an international application, the Office shall apply the provisions of the Patent Cooperation Treaty, the Regulations and administrative instructions issued under that Treaty, and the provisions of this Act and its regulations.

            (2) When processing an international application, the Patent Cooperation Treaty, its Regulations and the administrative instructions issued under it shall, in the event of any conflict, prevail over this Act and its regulations.