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

Regulations

Patent Regulations, 1978

Chapter III : The Court of the Commissioner of Patents

Application for revocation

 

 

89. An application for revocation shall be made on Form P20 and shall be accompanied by a statement of particulars of the grounds on which the application is based and shall be duly lodged and served.

 

90.

(1) Within two months of the lodging and service of the application for revocation the patentee shall lodge and serve a counterstatement in the form of a plea. If a plea is not lodged and served within two months of the application for revocation or within any extension of that period in terms of regulation 99, the patent shall be deemed to be revoked.

 

(2) Within two months of the lodging and service of the counter-statement the applicant shall file and serve his evidence in the form of an affidavit.

 

(3) Within two months of the filing and service of the applicant's evidence, the patentee may file and serve his answering evidence in the form of an affidavit.

 

91. Within two months of the filing and service of the patentee's answering evidence the applicant may file and serve replying evidence, in the form of an affidavit, confined to matters strictly in reply.

 

92. No further evidence shall be filed by either party except by leave or direction of the commissioner.

 

93. All evidence shall be by affidavit unless otherwise directed by the commissioner.

 

94. Upon completion of the evidence the applicant, or if he fails to do so within six weeks of such completion, the opponent may request a date for the hearing.

 

94(A). If, by consent of the parties to an application for revocation, the patentee offers to surrender his patent or if the patent is deemed to have been revoked in terms of regulation 90(1), the registrar, in deciding whether costs should be awarded to the applicant for revocation, shall consider whether the proceedings might have been avoided if the applicant had given reasonable notice to the patentee before the application was filed.