Patents Act 1953 No 64 (as at 01 August 2008), Public Act

8 Application
  • (1) Every application for a patent shall be made in the prescribed form and shall be filed at the Patent Office in the prescribed manner.

    (2) Every application (other than a convention application) shall state that the applicant is in possession of the invention and shall name the person claiming to be the true and first inventor; and where the person so claiming is not the applicant or one of the applicants, the application shall contain a declaration that the applicant believes him to be the true and first inventor.

    (3) Every convention application shall specify the date on which and the convention country in which the application for protection, or the first such application, was made, and shall state that no application for protection in respect of the invention had been made in a convention country before that date by the applicant or any person from whom he derives title.

    (4) Where applications for protection have been made in one or more convention countries in respect of 2 or more inventions which are cognate or of which one is a modification of another, a single convention application may, subject to the provisions of section 10 of this Act, be made in respect of those inventions at any time within 12 months from the date of the earliest of the said applications for protection:

    Provided that the fee payable on the making of any such application shall be the same as if separate applications had been made in respect of each of the said inventions; and the requirements of subsection (3) of this section shall in the case of any such application apply separately to the applications for protection in respect of each of the said inventions.

    Compare: Patents Act 1949, s 2 (UK); 1921-22 No 18 s 3