Act 3
Industrial Property Act
2014
(3) The court shall revoke or invalidate the registration of the
patent or the utility model or industrial design on any of the following
grounds that—
(a) the owner of the patent is not entitled under sections 17, 18
or 19 to apply for the grant of a patent;
(b) the owner of the patent has infringed the rights of the
person filing an application for revocation of the patent or
of any persons under or through whom he or she claims;
(c) the invention does not relate to an art, whether producing a
physical effect or not, process, use, machine, manufacture
or composition of matter which is capable of being applied
in trade or industry;
(d) the invention is obvious in that it involves no inventive step
having regard to what was common knowledge in the art at
the effective date of the application;
(e) the invention, in so far as it is claimed in any claim of the
application, is not useful;
(f) the patent does not fully describe and ascertain the
invention and the manner in which it is to be performed;
(g) the patent does not disclose the best method of performing
the invention known to the owner of the patent at the time
when the specification is lodged at the registry;
(h) the time the application for the grant of the patent is filed,
the application form or any other documents filed under the
application contained a material misrepresentation; or
(i) the invention is not new in terms of section 10.
(4) An application for revocation or invalidation of a patent
shall—
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