the patent as requested.
(5) A patented invention is worked if the patented product is effectively made; or
if the patented process is effectively used in the United Republic on a scale which is
reasonable in the circumstances and importation shall not constitute working.
(6) The owner of the patent or a licensee may appeal to the court against any
refusal to extend the term of the patent under subsection (2) or (3).
[s. 38]
40.
Annual fees
(1) In order to maintain the application or the patent, an annual fee shall be paid
in advance to the Registrar starting with the second year after the date of the filing of the
application.
(2) A period of grace of six months shall be granted for the payment of the annual
fee upon payment of a surcharge whose amount shall be fixed by the regulations.
(3) Subject to section 32(3), if an annual fee is not paid in accordance with this
section, the application shall be deemed to have been withdrawn or the patent shall
lapse. The said lapse of the patent shall forthwith be published by the Registrar.
(4) Within twelve 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the Registrar to restore an application that is deemed to have been withdrawn or a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) If the Registrar is satisfied that the failure to pay the annual fee concerned
was unintentional and all annual fees due have been paid, he shall make an order
restoring the application or the patent, as the case may be.
(6) Any interested person may appeal to the court against the decision of the
Registrar granting or refusing to grant a request for restoration.
(7) Where a patent is restored under subsections (4), (5) and (6), no proceedings
shall be brought by virtue of the said patent–
(a) with respect to any acts performed after the lapse of the patent and before the
date of the order for restoration;
(b) with respect to any acts performed after the date of the order for restoration in
relation to articles imported into the United Republic, or manufactured therein,
after the lapse of the patent and before the date of the order for restoration.
[s. 39]
PART IX
CHANGE IN THE OWNERSHIP AND JOINT OWNERSHIP OF APPLICATIONS AND
PATENTS (ss 41-42)
41. Change in ownership of applications and patents (1) No contracts assigning
applications or patents shall be valid unless they are in writing and signed by the parties
thereto.
(2) Sections 48 to 52 shall apply mutatis mutandis to contracts assigning
applications or patents.
(3) Any change in the ownership of an application or a patent shall be recorded in
the Patent Register in accordance with the Regulations, and on payment of a prescribed
fee and until such change has been recorded, any documents evidencing the change in
ownership shall not be admitted in any proceedings as evidence of the title of any
person to an application or a patent, unless the court otherwise directs.
[s. 40]