(c)
(i)
(ii)
during the period set out in paragraph (a) commenced
using or exercising the invention to which the patent
relates and who thereafter continues to use or exercise
the invention; or
uses or offers to dispose of or disposes of any articles
or products produced by the continued use or exercise
referred to in subparagraph (i):
[Sub-para. (ii) substituted by s. 8 (b) of Act No. 58 of 2002.]
Provided that the exemption conferred by this subsection shall be limited to
the particular person mentioned in paragraph (c) (i) or (ii), his executor,
administrator, successor or assignee or acquirer, as the case may be.
(2)
Where a patent has been restored under section 47, any person who,
during the period referred to in subsection (1) (a), has expended any
money, time or labour with a view to making, using, exercising,
offering to dispose of, disposing of or importing the invention, may
apply in the prescribed manner to the commissioner for compensation
in respect of the money, time and labour so expended.
[Sub-s. (2) substituted by s. 8 (c) of Act No. 58 of 2002.]
49.
(3)
The commissioner may, after hearing the parties concerned, assess
the amount of such compensation if in his opinion the application
ought to be granted and determine the time within which such
compensation shall be paid.
(4)
Any amount assessed under subsection (3) shall not be recoverable
as a debt or damages but, if it is not paid within the time determined
by the commissioner, the patent shall lapse.
Joint ownership in patents.
(1)
Where a patent is granted to two or more persons jointly, each of the
joint patentees shall, in the absence of an agreement to the contrary,
be entitled to an equal undivided share in the patent.
(2)
Subject to the provisions of subsection (4), a joint patentee shall, in
the absence of an agreement to the contrary and in the absence of
consent of the joint patentee or patentees, not be entitled—
(a)
to make, use, exercise, offer to dispose of, dispose of or import
the patented invention;
[Para. (a) substituted by s. 9 of Act No. 58 of 2002.]
(b)
to grant a licence or to assign the whole or any part of his
interest in the patent; or
(c)
to take any steps or institute any proceedings relating to the
patent:
Provided that he may pay any renewal fee that is payable without
recourse to any other patentee, unless the commissioner directs
otherwise in proceedings in terms of subsection (6).
(3)
Where a patented article is disposed of by a joint patentee, the
acquirer or any person claiming through him shall be entitled to deal
with it in the same manner as if the article had been disposed of by
the patentees jointly.