856 No. 40 of 2016] Repeal of Cap. 400 Transitional provisions Previous application Previous patent licence or agreement Patent agent Pending proceedings 140. Patents The Patents Act, 1958, is repealed. 141. The transitional provisions set out in the Schedule apply for purposes of this Act. SCHEDULE (Section one hundred and forty-one) TRANSITIONAL PROVISIONS 1. An application for the grant of a patent for an invention made prior to the commencement of this Act shall be processed as if this Act had not been passed, but the grant of the patent shall be made in accordance with this Act. 2. A patent, licence or contract made prior to the commencement of this Act shall, subject to equitable treatment of the rights and interests acquired by third parties, be continued under this Act and shall, within six months of the commencement of this Act, comply with this Act. 3. (1) A person who was a patent agent prior to the commencement of this Act shall continue to be a patent agent and shall within six months of the commencement of this Act, comply with the requirements of this Act. (2) A patent agent who fails to comply with this Act as specified in subparagraph (1), shall after the expiry of the period of six months cease to be a patent agent. 4. (1) The enactment of this Act shall not affect any proceedings instituted in terms of the repealed Act, which were pending in court, immediately before the date of commencement of this Act, and such proceedings shall be disposed off in court as if this Act had not been passed. (2) Any criminal proceedings instituted as specified in subsection (1), shall be regarded as having been pending if the person concerned had pleaded to the charge in question. (3) Any administrative investigation instituted in accordance with the repealed Act, which was pending, shall be disposed off as if this Act had not been passed. (4) All disciplinary proceedings which, immediately before the commencement of this Act, were underway or pending shall be concluded as if this Act had not been passed. (5) All appeal processes which, immediately before the commencement of this Act, were underway or pending shall proceed as if this Act had not been passed.