LAWS OF MALAWI Patents (Subsidiary) Cap. 49:02 Patents Regulations 46. Upon the endorsement of a patent in terms of section 35 (1) of the Act the Registrar shall direct the application to publish notification thereof forthwith in the Gazette. 47. An application under section 36(1) of the Act for the cancellation of an endorsement shall be made in form No. 26 and shall be accompanied by evidence verifying the statement in the application and by a memorandum in form No. 19 with fees to the amount of the balance of all renewal fees which would have been payable if the patent had not been endorsed. 48. (1) An application under section 36(2) of the Act for the cancellation of an endorsement shall be made in form No. 27 within six months after the patent has been endorsed and shall be accompanied by a copy thereof and a statement, in duplicate, setting out fully the nature of the applicant’s interest and the facts upon which he relies. (2) 49. Advertisement endorsement. of Cancellation of endorsement under section 36(1). Cancellation of endorsement under section 36(2). The period within which renewal fees shall be paid on cancellation of an endorsement in terms of section 36(3) of the Act shall be one month from the date of cancellation. (1) Every application under section 36(1) or (2) of the Act shall be advertised by the applicant in the Gazette and the period within which notice of opposition to the cancellation of an endorsement may be given under section 36(5) of the Act shall be two months after the advertisement. (2) Such notice shall be given in form 28 and shall be accompanied by a copy thereof and a statement, in duplicate, setting out fully the facts upon which the opponent relies, and, in the case of opposition to an application under section 36(1) of the Act, the nature of his interest. (3) A copy of the notice and of the statement shall be sent by the Registrar to the applicant for cancellation of the endorsement and thereafter the Registrar shall appoint a time for the hearing of the application and shall give the parties at least fourteen days’ notice of the appointment. (4) After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Registrar shall give such decision on the application as he may consider just. Advertisement and opposition. PART IX COMPULSORY LICENCES 50. An application under section 37 of the Act for a licence under a patent shall be made in form No. 29. 104 Application under section 37.

Select target paragraph3

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