LAWS OF MALAWI
Patents
(Subsidiary)
Cap. 49:02
Patents Tribunal Rules
(3)
The period within which a counterstatement may be lodged by the
patentee shall be two months from the date of receipt by him of the
application. If such counterstatement is not lodged within the said
period, opposition to the application shall be deemed to be abandoned.
(4)
The applicant may within two months from the receipt of the copy of
the counterstatement file evidence in support of his case and shall
serve on the patentee a copy thereof.
(5)
Within two months from the receipt of the copy of the applicant’s
evidence or, if the applicant does not file any evidence, within two
months from the expiration of the time within which the applicant’s
evidence might have been filed, the patentee may file evidence in
support of his case and shall serve on the applicant a copy of the
evidence; and within two months from the receipt of the copy of the
patentee’s evidence the applicant may file evidence confined to
matters strictly in reply and shall serve on the patentee a copy of the
evidence.
(6)
No further evidence shall be filed by either party except by leave or
direction of the Tribunal.
(7)
Proof of service of all notices, statements or other documents referred
to in this rule shall be furnished to the satisfaction of the Registrar of
Patents.
(8)
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.
15.
An application for the rectification of the register under section 60 of the Act
shall be made to the Tribunal in form PT No. 9 and a copy thereof shall be
served on the Registrar of Patents and on any other person appearing from the
register to be interested in the patent.
Rectification
register.
of
16.
(1) When the registrar of the Tribunal has received from the Registrar of
Patents the papers or written proceedings in relation to any application or other
matter made to the Tribunal under the Act or in matters where applications to
the Tribunal are not required to be transmitted through the said Registrar, he
shall, after taking directions from the Chairman, appoint a time and place for
the hearing of the case, and shall give the parties at least fourteen days’ notice
of the appointment.
Hearing
applications.
of
(2)
After hearing the party or parties desiring to be heard or, if none of the
parties desires to be heard, then without a hearing, the Tribunal shall
decide the case and notify its decision to the parties.
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