Patents
[No. 40 of 2016
(4) The Registrar shall, before revoking the patent, give the
patentee or any person having an interest in the patent an opportunity
to be heard.
(5) Where there is no objection to the revocation of the patent,
the Registrar shall make an order revoking the patent.
(6) The Registrar shall, where there is an objection to the
revocation of the patent, make an order revoking the patent or
dismiss the application to revoke the patent, after hearing the matter.
(7) Where an application for the revocation of a patent applies
only to some parts of the claim in the complete specification, the
Registrar may only revoke those parts, except that where the grounds
for revocation are established with respect to the first claim of the
patent, the patent shall be invalidated.
(8) Where a patent is revoked, in accordance with this section,
the Registrar shall publish or cause to be published the revocation
of the patent in the Industrial Property Journal within a prescribed
period from the day of revocation.
(9) A person aggrieved with a decision of the Registrar may,
within three months of receiving the decision, appeal to the High
Court.
92. (1) Where the Registrar, in consultation with the Minister,
is of the opinion that a patented invention or the mode in which the
patent is being exercised is prejudicial to the environment, public
safety or public health, the Registrar may, after making a declaration
in the Industrial Property Journal, revoke the patent.
(2) A person aggrieved by the decision of the Registrar,
referred to in subsection (1), may appeal to the High Court within
three months of the Registrar’s decision.
93. Where a patent is revoked, the patent shall be null and
void as from the date of the grant.
PART XII
PUBLICATION OR COMMUNICATION OF INVENTION RELATED TO DEFENCE
AND SECURITY
94. (1) The Minister responsible for defence or the Minister
responsible for internal security, as the case may be, may issue a
notice, in a prescribed manner, to the Registrar, directing the
Registrar to prohibit the publication or communication, to an
unauthorised person, of an application for the grant of a patent and
information contained therein, which, in the opinion of the Minister
may, if published or communicated, be prejudicial to the defence of
the country or the safety of the public.
841
Revocation
of patent in
public
interest
Date and
effect of
revocation
Prohibiting
publication
or
communication
of
information
prejudicial to
defence
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos