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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surrender his patent or if the patent is deemed to have been revoked in terms of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.
95. Notice of future proceedings
Any person may apply by lodging Form P22 in duplicate with the registrar for notice to
be given to him of the taking of any action or proceedings in connection with a patent or
patent application. As soon as possible after such action or proceeding is taken and, in
the case of an application to make an entry, before such entry is made, the registrar
shall give notice of such action or proceeding or entry to such person.
96. Application for compulsory licence
An application for a compulsory licence under section 55 or 56 (1) of the Act shall be
brought by way of notice of motion and shall be served on the patentee and any other
person who appears from the registrar to have an interest in the patent.
97. Notice of motion
In the case of proceedings initiated by way of notice of motion a party resident or
incorporated outside the Republic shall have one month from the date of service of
such notice on him within which to lodge and serve his notice of intention to oppose.
98. Proceedings for infringement
(1) In any proceedings for infringement in which the plaintiff claims relief byway of
damages or payment of an amount in lieu of damages, it shall be permissible for
him to claim an enquiry as to the damages suffered by him as a result of the
infringement and/or as to what is a reasonable royalty and payment of the
amount found to be due to him.
(2) A plaintiff claiming an enquiry in terms of subregulation (1) hereof need not when
so claiming specify in his pleadings the amount of the damages allegedly
suffered by him or the manner in which such damages are computed.