LAWS OF MALAWI Cap. 49:02 Patents (Subsidiary) Patents Tribunal Rules (3) The period within which a counterstatement may be lodged by the patentee shall be two months from the date of receipt by him of the application. If such counterstatement is not lodged within the said period, opposition to the application shall be deemed to be abandoned. (4) The applicant may within two months from the receipt of the copy of the counterstatement file evidence in support of his case and shall serve on the patentee a copy thereof. (5) Within two months from the receipt of the copy of the applicant’s evidence or, if the applicant does not file any evidence, within two months from the expiration of the time within which the applicant’s evidence might have been filed, the patentee may file evidence in support of his case and shall serve on the applicant a copy of the evidence; and within two months from the receipt of the copy of the patentee’s evidence the applicant may file evidence confined to matters strictly in reply and shall serve on the patentee a copy of the evidence. (6) No further evidence shall be filed by either party except by leave or direction of the Tribunal. (7) Proof of service of all notices, statements or other documents referred to in this rule shall be furnished to the satisfaction of the Registrar of Patents. (8) When this rule has been complied with to the extent herein required, the Registrar of Patents shall hand all relevant papers to the registrar of the Tribunal. 15. An application for the rectification of the register under section 60 of the Act shall be made to the Tribunal in form PT No. 9 and a copy thereof shall be served on the Registrar of Patents and on any other person appearing from the register to be interested in the patent. 16. (1) When the registrar of the Tribunal has received from the Registrar of Patents the papers or written proceedings in relation to any application or other matter made to the Tribunal under the Act or in matters where applications to the Tribunal are not required to be transmitted through the said Registrar, he shall, after taking directions from the Chairman, appoint a time and place for the hearing of the case, and shall give the parties at least fourteen days’ notice of the appointment. (2) After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Tribunal shall decide the case and notify its decision to the parties. 74 Rectification register. of Hearing applications. of

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