828 No. 40 of 2016]
Patents
(3) Any particulars, referred to in subsection (2), may be
amended with the express permission of the Registrar.
(4) Evidence shall not be admitted to prove that a ground on
which any particular, referred to in subsection (2), has not been
filed, except with the express permission of the Registrar.
(5) An opposition to the grant of a patent, made in accordance
with section fifty-six, shall be heard and determined by the Registrar.
(6) Any person aggrieved with the decision of the Registrar
with respect to an opposition to the grant of a patent may appeal to
the High Court.
Invention by
employee
PART VI
INVENTIONS BY EMPLOYEES
58. (1) Subject to this Act or a contract of employment or
service, the right to an invention made by an employee, in the
performance of such employee’s contract, shall belong to the
employer or the person who commissioned the work, as the case
may be, except that, where the invention acquires an economic
value much greater than the parties could reasonably have foreseen
at the time of concluding the contract, the employee shall be entitled
to an equitable remuneration to be agreed upon by the parties or in
default, to be determined by the High Court.
(2) Where an employee, whose employment or service
contract does not require the employee to engage in any inventive
activity, makes an invention using resources or means placed at
the employee’s disposal by the employer, the right to the grant of a
patent for such invention shall belong to the employer, subject to
any provision to the contrary in the contract.
(3) An invention, made by an employee without any relation to
an employment or service contract, and without the use of the
employer’s resources, shall belong to the employee.
(4) In determining equitable remuneration, as referred to in
subsection (1), the High Court shall, among other things, take into
account the following:
(a) the nature of the employee’s duties, the employee’s
remuneration and any other rights conferred on the
employee by contract or this Act;
(b) the effort and skill which the employee devoted to making
the invention;
(c) the effort and skill which any other person contributed to
the making of the invention; and
(d) any contribution made by the employer m making the
invention.
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