28 CAP. 400]
Patents
(4) When directions have been given under this section, if any use
of the invention is made during the continuance in force of such
directions by or on behalf of or to the order of a Government depart
ment, the provisions of section forty shall apply in relation to that use
as if a patent had been granted for the invention.
(5) If an applicant for a patent has suffered loss or damage by rea
son of his invention having been kept secret in pursuance of a direc
tion under subsection (2), the Minister, with the consent of the
Minister responsible for finance, shall pay to him such reasonable
compensation as is agreed upon, or, in default of agreement, as may
be determined by the High Court on a reference under subsection (l)
of section forty-two.
(6) Where a patent is granted in pursuance of an application in
respect of which directions have been given under this section, no
renewal fees shall be payable in respect of any period during which
those directions were in force.
(7) If any person fails to comply with any direction given under
this section, he shall be guilty of an offence.
(As amended by G.N. No. 185 of 1964, S.l. No. 175 of 1965
and Act No 18 of 1980)
PART V
GRANT, EFFECT AND TERM OF PATENT
Grant and
sealing of
patent
25. (1) If the conditions precedent to the grant of a patent, as 'pre
scribed in this Act, have been complied with and there is no opposi
tion to such grant or, in the event of such opposition, the final deter
mination is in favour of the grant of a patent, a patent shall be granted
to the applicant, or, in the case of an application by two or more per
sons jointly, to the applicants jointly, and the Registrar shall cause the
patent to be sealed with the seal of the Patent Office:
Provided that
(i) where an applicant under a joint application has
died. the patent may, with the consent of his heir or
legal representative, be granted to the survivors of
the joint applicants;
(ii) where an applicant has agreed in writing to assign
the invention or a share in the invention or, in the
case of an application by two or more persons
jointly, his interest in the invention, to another per
son, the patent may, upon proof of the agreement to
the satisfaction of the Registrar, be granted to and in
the name of the assignee either solely or jointly
with the applicant or, in the case of an application