840 No. 40 of 2016] Surrender of patent Revocation of patent Patents PART XI SURRENDER AND REVOCATION 90. (1) A patentee may, by giving notice to the Registrar, in the prescribed manner and payment of a prescribed fee, offer to surrender a patent. (2) Where an offer to surrender a patent is made by a patentee, the Registrar shall publish the offer, in the prescribed manner, and shall notify, in a prescribed manner, every person, other than the patentee, whose names appear in the Register as having an interest in the patent. (3) A person who is notified of an offer as specified in subsection (2) may, within the prescribed period after the publication of the offer to surrender the patent, give written notice to the Registrar objecting to the surrender of the patent. (4) Where a person gives notice, as specified in subsection (3), the Registrar shall notify the patentee in the prescribed manner and within a prescribed period. (5) Where there is no objection to surrender a patent, the Registrar shall make an order revoking the patent. (6) The Registrar shall, where there is an objection to the surrender of a patent, give an opportunity to the person offering to surrender the patent and the objector to be heard, after which the Registrar shall make an order to revoke the patent or dismiss the application to surrender the patent. (7) Where a patent is surrendered, in accordance with this section, the Registrar shall publish or cause to be published the surrender of the patent in the Industrial Property Journal within a prescribed period from the day of surrender. (8) An, appeal, by an aggrieved person, to the decision of the Registrar made in accordance with this section, shall lie with the High Court. 91. (1) Subject to this Act, a patent may be revoked on an application to the Registrar, in a prescribed manner, by an interested person, including the state on any ground on which a patent may be opposed as specified in this Act. (2) An application for revocation of a patent shall— (a) state the grounds being relied on; and (b) be filed together with the statement of facts being relied on. (3) An application for revocation of a patent, made in accordance with this section, shall be served by the Registrar on a person appearing on the Register as a patentee or person having an interest in the patent.

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