(3) If a licence has been recorded in the register, the surrender of the patent shall
only be registered upon the submission of a declaration by which the licensee consents
to the surrender, unless the latter has expressly waived this right in the licence contract.
[s. 62]
64.
Invalidation of patent
(1) Any interested person, may, in proceedings instituted by him against the
owner of a patent or in proceedings instituted against him by the said owner, request the
court to invalidate the patent.
(2) The court shall invalidate the patent on any of the following grounds–
(a) that the claimed invention is not patentable within the meaning of sections 7, 8,
9, 10 and 11;
(b) that the claimed invention is not excluded from protection under sections 12 and
13;
(c) that the description and the claims comply with the requirements prescribed by
sections 18(6) and (7) and the rules pertaining thereto;
(d) that the person to whom the patent was granted, had no right to the patent:
Provided that the patent has not been assigned to the person who has the right
to the patent.
(3) Where the provisions of subsection (2) apply only to some of the claims or
some parts of a claim, such claims or parts of a claim shall be invalidated by the court.
(4) The court may require the owner of the patent to submit to it for the purpose
of examination publications and other documents showing the prior art which has been
referred to either in connection with an application for a patent or other title of protection
filed, for the same or essentially the same invention, by the owner or the patent, with any
other national or regional industrial property office, or in connection with any proceedings
relating to the patent or other title of protection granted upon such application.
(5) Notice of the request referred to in subsection (1) shall be served on any
licensees under the patent, who shall be entitled to join in the proceedings in the
absence of any provision to the contrary in the licence contract.
(6) Where, before or during the proceedings, it is alleged, or it appears to the
court, that the right to the patent belongs to a person who is not a party to the
proceedings, notice of the request referred to in subsection (1) shall be served on that
person, who shall be entitled to join the proceedings.
[s. 63]
65.
Effects of invalidation
(1) Any invalidated patent, or claim or part of a claim shall be regarded as null
and void from the date of the grant of the patent.
(2) As soon as the decision of the court is no longer subject to appeal, the court
shall inform the Registrar, who shall register it in the patent register and publish it as
soon as possible.
[s. 64]
PART XV
INFRINGEMENT (ss 66-72)
66. Acts constituting infringement
Subject to sections 38, 38, 55 and 57, any act specified in section 36 and
performed by a person other than the owner of the patent and without the authorisation