Industrial Property Regulations, 2002
application is deemed to have been withdrawn or
the patent lapses.
(6) A notification under paragraph (5) shall be
sent to the following persons —
(a)
the applicant or owner of the patent; and
(b)
every registered licensee.
(7) The following apply with respect to a request
under section 61(5) of the Act to restore an
application or patent —
(a)
the request shall be in Form IP 17 and
shall be accompanied by a statutory
declaration or affidavit supporting the
statements made in the request;
(b)
if after considering the request, the
Managing Director is not satisfied that the
failure to pay the annual fee was not
intended, the Managing Director shall
notify the person who made the request;
(c)
the person notified under subparagraph (b)
may request a hearing with the Managing
Director within sixty days after the date of
the notification and, if the person does so,
the Managing Director shall hear the
person before finally deciding whether or
not the Managing Director is satisfied,
under section 61(6) of the Act, that the
failure to pay the annual fee was not
intended; and
(d)
if the Director makes an order restoring
the application or patent —
(i)
paragraph (4) applies with respect
to the payment of the annual fee
under section 61(6) of the Act; and
(ii)
the Managing Director shall
advertise the restoration of the
application or patent in the Kenya
Gazette or in the Industrial
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