[Para. (b) substituted by s. 11 of Act No. 58 of 2002.]
CHAPTER IX
ASSIGNMENT, ATTACHMENT AND HYPOTHECATION OF PATENTS AND
APPLICATIONS FOR PATENTS
59.
Assignment and devolution of patents by operation of law.
(1)
Subject to the provisions of section 39 (7), the rights vested in a
patentee or an applicant for a patent shall be capable of assignment
and of devolution by operation of law.
(2)
Any condition in a contract of employment which—
(a)
(b)
60.
requires an employee to assign to his employer an invention
made by him otherwise than within the course and scope of his
employment; or
restricts the right of an employee in an invention made by him
more than one year after the termination of the contract of
employment, shall be null and void.
Assignment, attachment and hypothecation of patent or application for
patent.
(1)
(a)
An applicant for a patent or a patentee may in writing assign
his rights in an application or patent to any other person.
(b)
Upon application in the prescribed manner and on payment of
the prescribed fee to the registrar, such assignment shall be
recorded in the register.
(c)
Unless such assignment is so recorded it shall not be valid,
except as between the parties thereto.
(2)
A patent or an application for a patent may be attached by recording
the warrant of execution or attachment order concerned in the register
in the prescribed manner.
(3)
Upon the discharge of any attachment, the person who caused such
warrant or order to be entered in the register shall cause that entry to
be deleted: Provided that any other interested person may apply to the
registrar to cause such entry to be deleted.
(4)
An attachment shall lapse on the expiry of a period of three years from
the date of recording it in terms of subsection (2), unless it is renewed
within that period.
(5)
The hypothecation of a patent or an application for a patent may on
application in the prescribed manner be entered in the register.
(6)
After the entry of an attachment or hypothecation in terms of this
section, the patentee or applicant for a patent shall not alienate or
encumber the attached or hypothecated patent or application for a
patent or grant any licences under such patent.