32 CAP. 400]
Patents
(b) in the case of an application under paragraph (b) of sub
section (I), at any time before the date of expiration of the
patent or within two years after the date on which hostili
ties ceased, whichever is the later date.
(3) Any person may within the prescribed time give written notice
to the Registrar and the applicant of objection to any such extension,
and the Registrar shall fix a date for the hearing of the application
and shall advise the applicant and any objector of the date so fixed.
(4) The Registrar may, after hearing the applicant and any person
who may have objected to the extension, refuse the application or
order the extension of the term of the patent in question for such
period and subject to such conditions as it may deem fit or, if the
patent has already lapsed, order the issue of a new patent for such a
period and subject to such conditions:
Provided that no such extension shall be granted
(i) on the grounds mentioned in paragraph (a) of sub
section (1) for a term exceeding five years or, in
what the Registrar may deem to be exceptional cir
cumstances, ten years; or
(ii) on the grounds mentioned in paragraph (b) of suo
section (I), for a term exceeding the period of hos
tilities.
(5) The provisions of section thirty-four shall mutatis mutandis
apply in respect of any extension of the term of a patent granted as a
result of an application under paragraph (b) of subsection (1):
Provided that in the application of those provisions the reference
in that section to a period of three months from the date on which any
renewal fee referred to therein was due shall be construed as a refer
ence to the date on which any patent whereof the term is extended
under this section lapsed by effluxion of time.
(6) An extension of the term of a patent under this section shall be
endorsed on the relevant patent by the Registrar and recorded in the
register.
Cap. 388
(7) Except where the Registrar otherwise decides, an application
based on the grounds specified in paragraph (b) of subsection (1)
shall not be considered if the patentee or exclusive licensee is a sub
ject of such foreign state as is referred to in that paragraph or is a
company the business whereof is managed or controlled by such sub
jects or is carried on wholly or mainly for the benefit or on behalf of
such subjects, notwithstanding that the company may be registered
in accordance with the provisions of the Companies Act.