Patents (c) [CAP.400 51 affect any nght of determining a contract or condition in a contract exercisable independently of this section; (d) affect any condition in a contract for the lease of or a licence to use a patented article. whereby the lessor or licensor reserves to himself or his nominee the right to sup­ ply such new parts of the patented article as may be required to put or keep it in repair. (As amended by C.N. No. 185 of 1964)' 50. (1) Application for revocation of a patent may be made to the High Court by any person interested. including the State, upon anyone or more of the grounds on which the grant of a patent might have been opposed, but subject to the provisions of subsection (2), of proviso (ii) to paragraph (b) of subsection (7) of section eight, and of paragraph (b) of subsection (1) of section ten, on no other grounds. Revocationof patents (2) Where an order for the granting of a licence under the patent has been made in pursuance of an application under section thirty­ seven any person interested may, at any time after the expiration of two years from the date of that order, apply to the High Court for the revocation of the patent upon any of the grounds specified in sub­ section (6) of the said section thirty-seven; and if upon such applica­ tion the High Court is satisfied­ (a) that any of the said grounds are established; and (b) that the purpose for which an order may be made in pur­ suance of an application under the said section thirty-seven could not be achieved by the making of any further order under that section; it may order the patent to be revoked. (3) Any such application shall state the grounds on which the applicant relies, and shall be accompanied by a statement setting out particulars of the facts alleged in support of the said grounds, and a copy of the application and of the statement shall be served by the applicant on the patentee and proof of such service shall be furnished to the Registrar. (4) If the patentee wishes to contest the application made in terms of subsection (I) or subsection (2), he shall, within such time as may be prescribed or such further time as the High Court may allow, lodge at the Patent Office a counter-statement setting out particulars of the grounds upon which the application is contested and deliver to the applicant a copy of that statement. (5) Except by leave of the High Court. no evidence shall be admit­ ted in proof of any ground. particulars of which are not delivered as aforesaid.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents