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Patents Act, 1978 (Act No. 57 of 1978)

Chapter VIII : Licences

54. Cancellation of endorsement on patent

 

 

(1) At any time after a patent has been endorsed in terms of section 53, the patentee may apply to the registrar for the cancellation of the endorsement.

 

(2) Where such an application is made and the balance paid of all renewal fees which would have been payable if the patent had not been endorsed, the registrar may, if he is satisfied that there is no existing licence under the patent or that all licensees under the patent consent to the cancellation, cancel the endorsement.

 

(3) Within the prescribed period after a patent has been endorsed in terms of section 53, any person who claims that the patentee is, and was at the time of the endorsement, precluded by a contract in which the claimant is interested from granting licences under the patent, may apply to the registrar for cancellation of the endorsement.

 

(4) Where the registrar is satisfied, on an application under subsection (3), that the patentee is and was precluded as aforesaid, he shall cancel the endorsement, and thereupon the patentee shall pay to the registrar, within such period as may be prescribed, a sum equal to the balance of all renewal fees which would have been payable if the patent had not been endorsed and, if that sum is not paid within that period, the patent shall lapse at the expiry of that period.

 

(5) An application for the cancellation of the endorsement of a patent of addition shall be dealt with as an application for the cancellation of the endorsement of the patent for the main invention also, and an application for the cancellation of the endorsement of a patent in respect of which a patent of addition is in force shall be dealt with as an application for the cancellation of the endorsement of the patent of addition also.

 

(6) Where the endorsement of a patent is cancelled under this section, the rights and liabilities of the patentee shall thereafter be the same as if the endorsement had not been made.