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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