LAWS OF MALAWI 

Patents
(Subsidiary) 	

Cap. 49:02 

Patents Regulations

4.	

An application for a patent by an assignee or the legal representative of a
person who was the owner of an invention when he died shall be accompanied
by the deed of assignment or the probate of the will of the deceased or the
letters of administration, as the case may be, or a certified copy thereof, and
such further evidence and proof of the applicant’s title as the Registrar may
require.

Assignee or legal
representative to
establish right to
act.

5.	

Where, in pursuance of section 13(3) of the Act, the Registrar allows a single
complete specification to be proceeded with in respect of two or more
applications in respect of which two or more complete specifications have been
lodged, the single complete specification may include any matter disclosed in
any of the said specifications and shall be deemed to have been lodged on such
date, not earlier than the earliest date n which all the matter disclosed in the
said single complete specification has been disclosed to the office in or in
connection with the applications, as the Registrar may direct.

Cognate
application.

6.	

Where a complete specification has been lodged pursuant to two or more
applications accompanied by provisional specifications for inventions which
the applicant believes to be cognate or modifications one of another and the
Registrar is of the opinion that such inventions are not cognate or
modifications one of another, the Registrar may allow the complete
specification to be divided into such number of complete specifications as may
be necessary to enable the applications to be proceeded with as two or more
separate applications for patents.

7.	

(1) In addition to the specification lodged with every convention application,
there shall be lodged with the application, or within six months thereafter, a
copy of the specification and drawings or documents lodged in respect of the
relevant first application or applications for protection in a convention country,
duly certified by the official chief or head of the patent office of the convention
country, or otherwise verified to the satisfaction of the Registrar.
(2)	

8.	

Division
of
application if not
cognate.

Evidence
support
convention
application.

in
of

Division
convention
application.

of

If any specification or other document relating to the application is in
a foreign language, it shall be accompanied by a translation thereof in
the English language verified to the satisfaction of the Registrar.

Where a single convention application has been made in respect of all or part
of the inventions in respect of which two or more applications for protection
have been made in one or more convention countries, the Registrar may, if he
is satisfied that the claims of the specification lodged with the said convention
application relate to more than one invention, allow one or more further
applications to be lodged and the specification to be divided into such number
of specifications as may be necessary to enable two or more separate
convention applications to be proceeded with, and may direct that the said
applications be deemed to have been lodged on the date of lodging of the
original application.

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