Patents
(c)
[CAP.400
51
affect any nght of determining a contract or condition in a
contract exercisable independently of this section;
(d) affect any condition in a contract for the lease of or a
licence to use a patented article. whereby the lessor or
licensor reserves to himself or his nominee the right to sup
ply such new parts of the patented article as may be
required to put or keep it in repair.
(As amended by C.N. No. 185 of 1964)'
50. (1) Application for revocation of a patent may be made to
the High Court by any person interested. including the State, upon
anyone or more of the grounds on which the grant of a patent might
have been opposed, but subject to the provisions of subsection (2),
of proviso (ii) to paragraph (b) of subsection (7) of section eight,
and of paragraph (b) of subsection (1) of section ten, on no other
grounds.
Revocationof
patents
(2) Where an order for the granting of a licence under the patent
has been made in pursuance of an application under section thirty
seven any person interested may, at any time after the expiration of
two years from the date of that order, apply to the High Court for the
revocation of the patent upon any of the grounds specified in sub
section (6) of the said section thirty-seven; and if upon such applica
tion the High Court is satisfied
(a) that any of the said grounds are established; and
(b)
that the purpose for which an order may be made in pur
suance of an application under the said section thirty-seven
could not be achieved by the making of any further order
under that section;
it may order the patent to be revoked.
(3) Any such application shall state the grounds on which the
applicant relies, and shall be accompanied by a statement setting out
particulars of the facts alleged in support of the said grounds, and a
copy of the application and of the statement shall be served by the
applicant on the patentee and proof of such service shall be furnished
to the Registrar.
(4) If the patentee wishes to contest the application made in terms
of subsection (I) or subsection (2), he shall, within such time as may
be prescribed or such further time as the High Court may allow,
lodge at the Patent Office a counter-statement setting out particulars
of the grounds upon which the application is contested and deliver to
the applicant a copy of that statement.
(5) Except by leave of the High Court. no evidence shall be admit
ted in proof of any ground. particulars of which are not delivered as
aforesaid.
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