LAWS OF MALAWI
Patents
(Subsidiary)
Cap. 49:02
Patents Tribunal Rules
PART II
APPLICATIONS AND OPPOSITIONS
11.
12.
(1) Subject to section 64 of the Act an application to the Tribunal under section
30 of the Act for an order extending the term of a patent shall be made in form
PT No. 4 and shall be filed with the Registrar of Patents after the applicant has
duly advertised his application in two consecutive issues of the Gazette and
notified in writing the registered licensee or patentee, as the case may be, of the
advertisement.
(2)
The application shall state the period of the extension which is sought
and shall be supported by evidence setting out fully the facts upon,
such evidence being filed either with the application or at any time
within three months from the date thereof.
(3)
At any time within two months from the date of the second
advertisement of the application in the Gazette any person may give
notice of opposition.
(4)
Such notice shall be in form PT No. 5 and shall be accompanied by a
statement setting out fully the nature of the objector’s interest, the
grounds of opposition and the relief which he seeks and evidence of
the facts upon which he relies.
(5)
Within two months from the receipt of the notice of opposition the
applicant may file evidence confined to matters strictly in reply and
shall serve on the objector a copy of the evidence. Proof of service
must be furnished to the satisfaction of the Registrar of Patents.
(6)
An objector shall be entitled at his own expense to be supplied with a
copy of the application and of any evidence filed in support thereof.
(7)
When this rule has been complied with to the extent herein required,
the Registrar of Patents shall hand all relevant papers to the registrar
of the Tribunal.
(1) An application under section 38 of the Act for a licence under a patent shall
be made in form PT No. 6 and shall be filed with the Registrar of Patents.
(2)
The application shall set out fully the nature of the applicant’s
interest, the facts upon which he bases his case and the relief he seeks
and shall be accompanied by an affidavit verifying the facts set our
therein.
(3)
The applicant shall serve copies of the application and of the relevant
affidavit upon the patentee and upon any other person appearing from
the register to be interested in the patent, and he shall advertise the
application in one issue of the Gazette in such form as may be
approved by the Registrar of Patents.
72
Application
for
extension of patent.
Application
for
compulsory licence
in
respect
of
patents relating to
food or certain
other commodities.