A patent shall be granted for one invention only, but no person may in any
proceedings object to a patent on the ground that it comprises more than one
invention.
63.
After revocation on ground of fraud inventor may obtain patent in
certain circumstances.
Where a patent is revoked on the ground of fraud, or a patent fraudulently
obtained has been surrendered and revoked, the commissioner may, on the
application of the inventor of the relevant invention or his assignee or legal
representative, made in accordance with the provisions of this Act, direct the
grant to him of a patent for the whole or any part of the invention, bearing the
same date as the patent so revoked.
64.
Voluntary surrender of patent.
(1)
A patentee may at any time, by giving notice in the prescribed manner
to the registrar, offer to surrender his patent, and the registrar shall
give notice of the offer to any person shown in the register to have an
interest in the patent.
(2)
Any interested person may within the time prescribed lodge in writing
with the registrar an objection to the surrender of the patent.
(3)
If no objection is so lodged or if any such objection is overruled by the
commissioner after having given the patentee and the objector an
opportunity to be heard, the patent shall be deemed to have been
revoked as from the date of receipt by the registrar of the offer of
surrender, and the registrar shall advertise the revocation of the patent
in the journal and make the necessary entries in the register.
(4)
An offer to surrender a patent shall not be considered as long as any
proceedings for infringement or revocation of that patent are pending
before the commissioner or in any court, except by consent of the
parties to such proceedings.
CHAPTER XI
INFRINGEMENT
65.
Proceedings for infringement.
(1)
Subject to the provisions of section 53 (3), proceedings for
infringement of a patent may be instituted by the patentee.
[Sub-s. (1) substituted by s. 13 of Act No. 58 of 2002.]
(2)
Proceedings for infringement shall be instituted and prosecuted in the
manner prescribed.
(3)
A plaintiff in proceedings for infringement shall be entitled to relief by
way of—
(a)
an interdict;
(b)
delivery up of any infringing product or any article or product of
which the infringing product forms an inseparable part; and
(c)
damages.