(1)
The duration of a patent shall, unless otherwise provided in this Act,
be 20 years from the date of application therefor, subject to payment
of the prescribed renewal fees by the patentee concerned or an agent.
[Sub-s. (1) substituted by s. 5 of Act No. 67 of 1983 and by s. 41 of Act No.
38 of 1997.]
(2)
47.
A patent shall lapse at the end of the period prescribed for the
payment of any prescribed renewal fee, if it is not paid within that
period: Provided that the registrar may upon application and subject to
the payment of such additional fee as may be prescribed, extend the
period for payment of any such fee for a period not exceeding six
months.
Restoration of lapsed patent.
(1)
Where a patent has lapsed owing to non-payment of any prescribed
renewal fee within the prescribed period or the extended period
referred to in section 46 (2), the patentee may in the prescribed
manner and on payment of the prescribed fee, apply to the registrar
for the restoration of the patent.
[Sub-s. (1) substituted by s. 6 of Act No. 67 of 1983.]
48.
(2)
If the registrar is satisfied that the omission was unintentional and that
no undue delay has occurred in the making of the application, he shall
advertise the application in the prescribed manner, and thereupon any
person (hereinafter in this section referred to as the objector) may
within such period as may be prescribed, give notice in the prescribed
manner of opposition to the restoration of the patent.
(3)
If there is no opposition to such restoration, the registrar may, subject
to the provisions of subsection (5), issue an order restoring the patent,
or dismiss the application.
(4)
Where notice of opposition is given, the commissioner shall, after
hearing the applicant and the objector, decide the matter and issue an
order either restoring the patent or dismissing the application.
(5)
Any order restoring the patent shall be subject to the payment of such
prescribed fees as remain unpaid on the date of the order.
Rights of patentee of restored patent.
(1)
A patentee of a patent restored in terms of section 47 shall not by
virtue of the provisions of this Act institute any proceedings against or
recover damages from any person who—
(a)
infringed the patent after the lapse of a period of six months
from the date on which the renewal fee was due and before
the date on which the application for the restoration of the
patent was advertised;
(b)
used, offered to dispose of or disposed of any article made or
imported in the period referred to in paragraph (a); or
[Para. (b) substituted by s. 8 (a) of Act No. 58 of 2002.]