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No. 10
Patents and Industrial Designs Act
2012
(3) If an annual fee is not paid in accordance with this
section, the patent application shall be deemed to have been withdrawn
or the patent shall lapse automatically and the related information
shall fall into the public domain and the lapse of the patent shall be
published by the Registrar.
(4) Within six months from the expiration of the period of
grace referred to in subsection (2), any interested person may, upon
payment of the prescribed fee, request the Registrar to restore an
application that is deemed to have been withdrawn, or a patent that
has lapsed, by virtue of subsection (3).
(5) Where the patent has lapsed due to the non-payment
of an annual fee within the prescribed period, the patentee may, in the
prescribed manner and on the payment of the prescribed fee, apply
to the Registrar for the restoration of the patent.
(6) If the Registrar is satisfied that the omission to pay
was unintentional and that no undue delay has occurred in the making
of the application the Registrar shall advertise the application in the
prescribed manner and any person may, within the prescribed period,
give notice in the prescribed manner objecting to the restoration of
the patent.
(7) If there is no objection to the restoration, the Registrar
may issue an order restoring the patent or dismiss the application.
(8) Where a notice of objection is given, the Tribunal
shall, after hearing the applicant and the objector, decide the matter
and issue an order restoring the patent or dismissing the application.
(9) Any order restoring the patent shall be subject to the
payment of any fee remaining unpaid on the date of the order.
26.
Exploitation
by Government or
person authorised by
Government.
(1) Where(a) � the public interest in particular, national
security, nutrition, health or the development
of other vital sectors of the national economy
so requires; or
No. 10
Patents and Industrial Designs Act
2012
(b) � the Registrar has determined that the manner
of exploitation by the owner of the patent or
his licensee, is anti-competitive, and the
Minister is satisfied that the exploitation of
the invention in accordance with this
subsection would remedy such practice,
the Minister may decide that, without the agreement of the owner of
the patent, a Government agency or a third person designated by the
Minister may exploit a patented invention.
(2) The exploitation of the patented invention shall be
limited to the purpose for which it was authorised and shall be subject
to the payment to the owner of an adequate remuneration taking into
account the economic value of the Minister's authorisation, as
determined in the decision, and, where a decision has been taken
under paragraph (b) of subsection (1), the need to correct anticompetitive practices.
(3) The Minister shall take a decision after hearing the
owner of the patent and any interested person if they wish to be
heard.
(4) A request for the Minister's authorisation shall be
accompanied by evidence that the owner of the patent has received
from the person seeking the authorisation, a request for a contractual
licence, but that that person has been unable to obtain such a licence
on reasonable commercial terms and conditions and within a
reasonable time.
(5) � Subsection (4) shall not apply in cases of (a) � national emergency or other circumstances
of extreme Urgency; but in such cases the
owner of the patent shall be notified of the
Minister's decision as soon as is reasonably
practicable;
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