LAWS OF MALAWI
Patents
(Subsidiary)
Cap. 49:02
Patents Tribunal Rules
PATENTS TRIBUNAL RULES
Under Section 81
PRELIMINARY
G.N.
252/1957(F)
5/1964(M)
232/1965
166/1967
1.
These Rules may be cited as the Patents Tribunal Rules.
2.
In these Rules, unless inconsistent with the context:-
Citation.
“Office” means the Patent Office
“Chairman” means the Chairman of the Patents Tribunal;
“Tribunal” means the Patents Tribunal
Interpretation.
PART I
APPEALS
3.
(1) Any person who desires to appeal to the Tribunal from a decision of the
Registrar of Patents in any matter in which a right of appeal is given under the
Act shall, within three months after the date of the decision, file with the
registrar of the Tribunal a notice in form PT No. 1.
(2.)
A notice of appeal shall state the nature of the decision appealed
against and whether the appeal is from the whole or part only and, if
so, what part of the decision, and shall be accompanied by a statement
in writing of the appellant’s grounds of appeal.
(3.)
The appellant shall send a copy of the notice of appeal to the Registrar
of Patents and to any person or persons who appeared or gave notice
of opposition in the proceedings before the said Registrar.
(4.)
The appellant shall be responsible for the preparation of the record
which shall be certified by the Registrar of Patents as correct in terms
of sub-rule (7).
(5.)
The Registrar of Patents as well as the parties or their legal
practitioners shall endeavour to exclude from the record all documents
(more particularly such as are purely formal) that are not relevant to
the subject matter of the appeal, and generally to reduce the bulk of
the record as far as practicable, and to avoid the production of
unnecessary exhibits, taking special care to avoid the duplication of
documents and the unnecessary repetition of headings, and furnish
merely the formal particulars of documents, but the documents
omitted to be copied shall be enumerated in a list to be placed after
the index or at the end of the record.
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Entry of appeal.