LAWS OF MALAWI
Patents
(Subsidiary)
Cap. 49:02
Patents Regulations
46.
Upon the endorsement of a patent in terms of section 35 (1) of the Act the
Registrar shall direct the application to publish notification thereof forthwith in
the Gazette.
47.
An application under section 36(1) of the Act for the cancellation of an
endorsement shall be made in form No. 26 and shall be accompanied by
evidence verifying the statement in the application and by a memorandum in
form No. 19 with fees to the amount of the balance of all renewal fees which
would have been payable if the patent had not been endorsed.
48.
(1) An application under section 36(2) of the Act for the cancellation of an
endorsement shall be made in form No. 27 within six months after the patent
has been endorsed and shall be accompanied by a copy thereof and a statement,
in duplicate, setting out fully the nature of the applicant’s interest and the facts
upon which he relies.
(2)
49.
Advertisement
endorsement.
of
Cancellation
of
endorsement under
section 36(1).
Cancellation
of
endorsement under
section 36(2).
The period within which renewal fees shall be paid on cancellation of
an endorsement in terms of section 36(3) of the Act shall be one
month from the date of cancellation.
(1) Every application under section 36(1) or (2) of the Act shall be advertised
by the applicant in the Gazette and the period within which notice of
opposition to the cancellation of an endorsement may be given under section
36(5) of the Act shall be two months after the advertisement.
(2)
Such notice shall be given in form 28 and shall be accompanied by a
copy thereof and a statement, in duplicate, setting out fully the facts
upon which the opponent relies, and, in the case of opposition to an
application under section 36(1) of the Act, the nature of his interest.
(3)
A copy of the notice and of the statement shall be sent by the
Registrar to the applicant for cancellation of the endorsement and
thereafter the Registrar shall appoint a time for the hearing of the
application and shall give the parties at least fourteen days’ notice of
the appointment.
(4)
After hearing the party or parties desiring to be heard or, if none of the
parties desires to be heard, then without a hearing, the Registrar shall
give such decision on the application as he may consider just.
Advertisement and
opposition.
PART IX
COMPULSORY LICENCES
50.
An application under section 37 of the Act for a licence under a patent shall be
made in form No. 29.
104
Application under
section 37.