Click Here & Upgrade
PDF
Complete
Expanded Features
Unlimited Pages
Documents
may allow, on Form P4 request the registrar to state in writing the grounds for his
decision and the data used by him in arriving thereat. The date of such statement shall
be deemed to be the date of the registrar's order or decision for the purpose of appeal.
79. Appeals to the commissioner
A notice of appeal shall be lodged with the registrar of the Court of the Commissioner of
Patents and shall be served on the registrar and on any other party to the proceedings
before the registrar, within two months of the statement referred to in regulation 78.
80. Any notice of appeal shall be accompanied by a copy of the reasons of the registrar
under regulation 78 and shall be in accordance with Rule 49 (4) of the Uniform Rules of
Court of the Supreme Court of South Africa, 1965.
81. The procedure on appeal shall, as far is practicable, be in accordance with the
provisions governing appeals to the full Court of a Provincial Division of the Supreme
Court from a single judge thereof: Provided that the record on appeal shall include the
registrar's statement, documents (if any) containing data used by him and any other
document which the appellant considers to be relevant. If the respondent considers any
further document to be relevant, he may request the appellant to include such
document in the record, and the appellant shall comply with such request.
82. Procedure on opposition
A notice of opposition in any matter in which opposition is allowed under the Act shall
be made on Form P19 and shall be accompanied by a statement of particulars of the
grounds on which the opposition is based and shall be duly filed and served.
83. Within two months of the filing and service of the notice of opposition the applicant shall
file and serve a counterstatement in the form of a plea. If such counterstatement is not
lodged within the said period or within such further period as the registrar may allow the
application shall be deemed to be abandoned and the opponent may apply to the
commissioner for an order as to costs.
84. Within two months of the lodging and service of the counterstatement the opponent
shall file and serve his evidence in the form of an affidavit.
85. Within two months of the filing and service of the opponent's evidence the applicant
may file and serve answering evidence in the form of an affidavit.
86. Within two months of the filing and service of the applicant's answering evidence the
opponent may file and serve replying evidence, in the form of an affidavit, confined to
matters strictly in reply.
87. (a)
No further evidence shall be filed by either party except by leave or direction of
the commissioner.
(b) All evidence shall be by affidavit unless otherwise directed by the commissioner.
88. Upon completion of the evidence the opponent or if he fails to do so within six weeks of
such completion, the applicant may request a date for the hearing.
89. Application for revocation
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