connection with the notice of opposition shall be suspended until such time as the
request for such amendment has been heard and determined after which the
proceedings in connection with the notice of opposition may be—
(a)
continued, in which case such notice and any statement in connection
therewith may be amended and the periods specified in this section extended to such
extent as the registrar of the Tribunal may permit; or
(b)
withdrawn, in which case the objector may apply to the Tribunal for
an award in respect of the costs incurred by him in connection with the objection.
(9) Upon being notified of the order of the Tribunal by the registrar thereof, the
Registrar shall take such further action therein as may be necessary.
(10) The registrar of the Tribunal shall inform the Registrar of any notice of
opposition or counter-statement which is lodged with him in terms of this section and
of any amendment of particulars which is permitted in terms of subsection (6).
18
Substitution of applicants
(1) If the Registrar is satisfied, on a claim made in the prescribed manner at any time
before a patent has been granted, that, by virtue of any assignment or agreement made
by the applicant or one of the applicants for a patent or by virtue of this Act or by
operation of law, the claimant would, if the patent were then granted, be entitled
thereto or to the interest of an applicant therein or to an undivided share of the patent
or of that interest, the Registrar may, subject to this section, direct that the application
shall proceed in the name of the claimant or in the names of the claimant and the
applicant or the other joint applicant or applicants, as the case may require.
(2) Subject to subsection (4), no direction in terms of subsection (1) shall be given by
virtue of any assignment or agreement for the assignment of the right to an invention
which is made by one or two or more joint applicants for a patent except with the
consent of the other joint applicant or applicants.
(3) Subject to subsection (4), no direction in terms of subsection (1) shall be given by
virtue of any assignment or agreement for the assignment of the right to an invention
unless—
(a)
the invention is identified therein—
(i)
by reference to the number of the application for the patent; or
(ii)
in such other manner as appears to the Registrar to be sufficient;
or
(b)
there is produced to the Registrar an acknowledgement by the person
by whom the assignment or agreement was made that the assignment or agreement
relates to the invention in respect of which that application is made.
(4) Subsections (2) and (3) shall not preclude a direction in terms of subsection (1)
being given where the rights of the claimant in respect of the invention have been
finally established by a decision of the Tribunal or any High Court to which an appeal
against such a decision has been brought.
(5) Where one or two or more joint applicants for a patent has died at any time before
the patent has been granted, the Registrar, if satisfied of such decease—
(a)
may alter the application by substituting the legal representative of
such deceased applicant; and
(b)
shall thereafter seal the application in the names of the surviving
applicants and of such legal representative;
unless, upon a request in that behalf made by the survivor or survivors and with the
consent of the legal representative, the Registrar directs that the application shall
proceed and be sealed in the name of the survivor or survivors alone.
(6) If any dispute arises between joint applicants for a patent whether or in what
manner the application should be proceeded with, the Registrar may, upon application
made to him in the prescribed manner by any of the parties and after giving to all
parties concerned an opportunity to be heard, give such directions as he thinks fit for
enabling the application to proceed in the name of one or more of the parties alone or
for regulating the manner in which it shall be proceeded with or for both those