The procedure for registration
The application is lodged on Form P1, shown below (I have removed the notes for easy reference).
Take a minute to study the form and you will get an idea of what the application comprises — we have already discussed virtually all of the features and the documents involved.
Form P2 must accompany the application. This is a record of all the relevant details relating to the application, such as the lodging date, names of all involved parties, assignments, amendments and licences. This form will be returned, once the patent is granted, with updates to these details.
Before the application will be accepted, the applicant must file a declaration stating whether the invention is based on an indigenous biological resource, genetic resource, traditional knowledge, or traditional use. If it is, the Registrar will require proof of the applicant’s authority to make use of the resource or knowledge.
Read section 30(3A) of the Patents Act.
Where the application is filed based on a provisional specification, the patent will not be granted until a complete specification has been filed. The application will not even be processed by the Registrar. A fresh application must be filed for introducing the complete specification, claiming priority based on the date of the provisional application.
If the application is a Convention application (see Convention applications), the documents upon which the priority date is claimed — essentially, the application(s) in the Convention country from which the priority is claimed — must be lodged within six months.