Patents Amendment Act

2. Section 30 of the principal Act is hereby amended by the insertion after subsection 25 (3) of the following subsections: GOVERNMENT GAZE’ME, 9 DECEMBER 2005 “(3A) Every applicant who lodges an application for a patent - accompanied by a complete specification shall, before acceptance of the application, lodge with the registrar a statement in the prescribed manner stating whether or not the invention for which protection is claimed is based on or derived from an indigenous biological resource, genetic resource, or traditional knowledge or use. 5 (3B) The registrar shall call upon the applicant to furnish proof in the prescribed manner as to his or her title or authority to make use of the indigenous biological resource, genetic resource, or of the traditional knowledge or use if an applicant lodges a statement that acknowledges that the invention for which protection is claimed is based on or derived from an indigenous biological resource, genetic resource, or traditional knowledge or use.”. 10 Amendment of section 61 of Act 57 of 1978, as amended by section 12 of Act 58 of 2002 15

3. Section 61 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (8) of the following paragraph: “(g) that the prescribed declaration lodged in respect of the application for the patent or the statement lodged in terms of section 30(3A) contains a false statement or representation which is material and which the patentee knew ought reasonably to have known to be false at the time when the [declaration] statement or representation was made;”. 20 Short title and commencement

4. This Act is called the Patents Amendment Act, 2005, and comes into operation on a date fixed by the President by proclamation in the Gazette. 25