PART VI - APPLICATION, PROCEDURE FOR GRANT AND DURATION
Section 35. Duration of patent.
(1) Subject to subsections (1B) and (1C), the duration of a patent shall be twenty years from the filing date of the application.
[Subs. Act A1088: s.5; Am. Act A1196:s.3]
(1A) Without prejudice to subsection (1) and subject to the other provisions of this Act, a patent shall be deemed to be granted and shall take effect on the date the certificate of grant of the patent is issued.
[Ins. Act A1088: s.5]
(1B) Where a patent application was filed before 1 August 2001, and was pending on that date, the duration of the patent granted on that application shall be twenty years from the date of filing or fifteen years from the date of grant, whichever is the longer.
Ins. Act A1196:s.3]
(1C) The duration of a patent granted before 1 August 2001 and still in force on that date shall be twenty years from the date of filing or fifteen years from the date of grant whichever is the longer.
Ins. Act A1196:s.3]
(2) Where a patentee intends at the expiration of the second year from the date of grant of the patent to keep the same in force he shall, twelve months before the date of expiration of the second and each succeeding year during the term of the patent, pay the prescribed annual fee:
Provided, however, that a period of grace of six months shall be allowed after the date of such expiration, upon payment of such surcharge as may be prescribed.
[Am. Act A648: s.19]
(3) If the prescribed annual fee is not paid in accordance with subsection (2), the patent shall lapse, and a notice of the lapsing of the patent for non-payment of any annual fee shall be published in the Gazette.