LAWS OF MALAWI
Patents
(Subsidiary)

13.

14.

Cap. 49:02
Patents Tribunal Rules

(4)

At any time within two months from the date of the advertisement the
patentee or any other person who wishes to oppose the application
shall deliver to the Registrar of Patents a counterstatement, verified by
affidavit, setting out fully the grounds upon which the application is
opposed, and shall at the same time serve upon the applicant a copy of
the counterstatement and of such affidavit. Proof of service shall be
furnished to the satisfaction of the said Registrar.

(5)

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) Any reference to the Tribunal under section 42 of the Act by a party to a
dispute (hereinafter referred to as “the Claimant”) shall be made in form PT
No. 7 and shall be filed with the Registrar of Patents.
(2)

The claimant shall by affidavit verifying the facts upon which he
relies and shall state fully the nature of his interest in the matter in
dispute and the relief which he seeks.

(3)

The claimant shall serve a copy of his claim and of the relevant
affidavit upon the other party to the dispute.

(4)

The other party shall within two months from the date of receipt of
such copy deliver to the Registrar of Patents a counterstatement,
verified by affidavit, setting out fully the nature of his interest and the
facts upon which he relies, and shall at the same time serve upon the
claimant a copy of the counterstatement and of such affidavit.

(5)

Proof of service shall be furnished to the satisfaction of the Registrar
of Patents.

(6)

When this rule has been complied with to the extent herein required,
the Registrar of Patents shall hand al relevant papers to the registrar of
the Tribunal.

(7)

Any party to the dispute may at any time during the proceedings
under this rule make application to the Tribunal for an order for the
hearing of oral evidence, and the Tribunal shall make such order as it
deems fit.

(1) An application for the revocation of a patent under section 50 of the Act
shall be made in form PT No. 8 and shall be filed with the Registrar of Patents.
(2)

The applicant shall serve copies of the application upon the patentee
and shall advertise the application in one issue of the Gazette in such
form as may be approved by the Registrar of Patents.

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Dispute
as
to
Government use.

Revocation
patent.

of

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