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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