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South Africa Antique Du SUD S Africa Report Q193 in the name of the South African Group by And MEYER, Christen BLANCHE, Ring GÜNTER and David GIBSON Divisional, Continuation and Continuation in Part

The application, therefore, cannot be treated as continuation or continuation in part. Answers: The current law under which divisional, continuation and continuation in part patent applications may be filed in the United States gives precedence to the continuation in part (CC in French) of the earlier filed application, so that continuation in part is also available. The law provides no separate right to file continuation in part. A continuation in part application may not be filed under French law, nor under US law. See the following table for the status of divisional applications. 2) Would you have considered the question based on the current law, or would it not have been of enough importance to consider whether the question was a continuation in part or a continuation of the earlier application? Based on current law Yes No 3) What is the significance of continuation based on the law you have in the United States or on the law in another country which provides a general right to continue the patent in a separate application or in the United States? Important No No 4) Would you have considered the question based on continuation based on the law you have in the United States or on the law in another country, to indicate whether the US law contains a separate right or has given priority to another country's law? Important No No Summary of the current law as it relates to divisional or continuation in part applications I) Overview of the French law The first step in obtaining the exclusive right to bring a new invention to market in France is to file an application, i.e., a form “Reparation du Telegraphic”, to obtain a patent. The application, in turn, is followed by a review or approval of the invention by the French Patent Office (see article 17). Following this, the application is published in the Official Gazette. The French patent law allows divisional (division) applications, that is to say, applications in which at least two inventions are brought to market within one and the same year. The patent granted to a divisional applicant is an additional protection. In addition, the French patent law allows continuation or continuation in part applications (Continuation Au Part d'Implantation) in which two inventions are brought to market in the same year and over one and the same invention subject (Patent et Patrimonies Series) may be brought. The patent granted in the continuation or continuation in part is called a continuation product (Continuation Product Au Part d'Implantation).

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