not be deemed to imply that the patent is valid.
(4) Proceedings for a declaration may be brought in terms of this section at any time
after the date of the notice of the acceptance of the complete specification in
pursuance of an application for a patent, and references in this section to the patentee
shall be construed accordingly:
Provided that this subsection shall not apply if the acceptance of the complete
specification has been cancelled in terms of subsection (5) of section sixteen.
PART VII
ASSIGNMENTS AND CORRECTIONS
53
Provisions as to assignments
(1) Subject to subsection (7) of section twenty-six, the rights granted to a patentee by
a patent shall be capable of assignment and of devolution by operation of law and of
being mortgaged and pledged.
(2) Where any person becomes entitled by assignment, transmission or operation of
law to a patent or to a share in a patent or becomes entitled as mortgagee, licensee or
otherwise to any other interest in a patent, he may apply to the Registrar in the
prescribed manner for the registration of his title as proprietor or co-proprietor or, as
the case may be, of notice of his interest in the Register, and the Registrar shall, upon
proof of such entitlement to his satisfaction, register such title or notice against the
patent accordingly.
(3) Except for the purposes of an application to rectify the Register under the
provisions of this Act, a document in respect of which no entry has been made in the
Register under subsection (2) shall not be admitted in any proceedings as evidence of
the title of any person to a patent or a share of or interest in a patent, unless the
Tribunal or the court concerned , as the case may be, otherwise directs.
[amended by Act 9 of 2002, with effect from the 20th December, 2002.]
54
Power of Registrar to authorize corrections
(1) The Registrar may authorize—
(a)
the correction of any clerical error or omission or error in translation
in any patent, application for a patent or document lodged in pursuance of such an
application or in the Register;
the amendment otherwise of any documents for the amending of
(b)
which no express provision is made in this Act;
(c)
the condonation or correction of any irregularity in procedure in any
proceedings before him, if such condonation or correction is not detrimental to the
interests of any person.
(2) A correction may be made in terms of subsection (1) either upon a request in
writing accompanied by the prescribed fee or without such a request.
(3) Where it is proposed to make a correction otherwise than upon a request in
writing, the Registrar shall give notice of the proposal to the patentee or the applicant
for the patent, as the case may be, and to any other person who appears to him to be
concerned, and shall give any such person an opportunity to be heard before the
correction is made.
(4) Where a request is made for the correction of a clerical error or omission referred
to in subsection (1) and it appears to the Registrar that the correction would materially
alter the scope of the document to which the request relates, the Registrar may require
notice of the request to be advertised in the Journal and to be served upon such
persons as he considers necessary.
(5) Any opposition to a request for a correction in terms of subsection (1) may be
lodged and shall be dealt with by the Registrar in the manner prescribed.
(6) An appeal shall lie from any decision of the Registrar under this section.
55
Rectification of Register
(1) The Tribunal may, on the application of any person aggrieved, order the Register
to be rectified by the making of any entry therein or the variation or deletion of any
entry therein.