C.708
Annual fees
and lapse of
patent
Exploitation
of patented
invention
Compulsory
licences
Invalidation of
a patent
(f) if priority has been claimed and the claim has been accepted, a reference
to the declaration of priority, the priority date and the name of the country
or countries in which or for which the earlier application was filed;
(g) the effective date of grant of the patent;
(h) the title of the invention;
(i) the abstract;
(j) the most illustrative of the drawings, if any; and
(k) the symbol of the International Patent Classification.
17. (1) Subject to section 28 (2) of the Act, a patentee shall pay the fee set
out in the Second Schedule, which shall be the annual maintenance fees.
(2) The Registrar shall record and publish a notification of the lapse of a
patent.
(3) A patentee who is late in paying the annual maintenance fees shall
pay a surcharge fee set out in the Second Schedule on condition that he or she
shall pay the full annual maintenance fees within six months from the date of
payment of the surcharge.
18. (1) The Registrar shall record and publish, by notice in the Gazette,
the decision of the Minister to authorise a government agency, other person or
body to exploit a patented invention in the public interest.
(2) If the decision of the Minister is the subject of an appeal, the Registrar
of the High Court shall notify the Registrar of the Court’s decision once it
becomes final, and the Registrar shall record the decision and publish it by
notice in the Gazette.
19. (1) A request for a compulsory licence under section 33 (4) of the Act,
shall be made in Form 5 set out in the First Schedule and accompanied by the
fee set out in the Second Schedule.
(2) The Master of the High Court shall notify the Registrar of the Court’s
decision regarding any application for the grant of a compulsory licence, as
provided for under section 33 (3) of the Act, once the decision becomes final,
and the Registrar shall record the decision in the journal and cause it to be
published in the Gazette.
20. (1) Where the provisions of section 36 (1) of the Act apply only to
some of the claims or some parts of the claims, such claim or parts of a claim
shall be invalidated.
(2) The patent owner shall, in writing, notify any licensee of any court
proceedings instituted for the invalidation of the patent.
(3) The person requesting invalidation shall notify any beneficiaries of
compulsory licences granted under sections 31 to 34 of the Act.
(4) Where the ground of invalidity invoked under subregulation (3) is that
the patent owner is not the inventor or his or her successor in title, the person
alleged to have the right to the patent shall also be informed.
PART III — Utility Model Certificates
Application
for
utility model
certificate
21. (1) Any applicant who wishes to convert a patent application into an
application for utility model certificate in terms of section 18 of the Act shall
pay the fee set out in the Second Schedule.
(2) The Registrar shall, within two months of the receipt of the request to
convert, notify the applicant of his or her decision, in writing, and, where the
Registrar refuses the request, he or she shall state the reasons for such refusal.