LAWS OF MALAWI
Patents
(Subsidiary)
51.
(1) If upon consideration of the evidence the Registrar is satisfied that the
application falls within section 37 of the Act, he shall direct the applicant to
serve copies of the Application and of the relevant affidavit upon the patentee
and upon any other person appearing from the register to be interested in the
patent and to advertise the application in one issue of the Gazette in such form
as he may approve.
(2)
52.
Preliminary
consideration
Registrar.
by
If the Registrar is not so satisfied he shall notify the applicant
accordingly, and unless within one month the applicant requests to be
heard in the matter the Registrar shall refuse the application.
(1) At any time within two months from the date of the advertisement, or
within such further time as the Registrar may allow, the patentee or nay other
person who wishes to oppose the application shall deliver to the Registrar a
counter-statement, verified by affidavit, setting out fully the grounds on which
the application is opposed, and shall at the same time serve upon the applicant
a copy of the counter-statement and of such affidavit.
(2)
53.
Cap. 49:02
Patents Regulations
Opposition.
Proof of service shall be furnished to the satisfaction of the Registrar.
When the foregoing provisions of this Part have been complied with, the
Registrar shall hand all relevant papers to the registrar of the Tribunal.
Supply
of
documents etc., to
Tribunal.
PART X
AMENDMENT OF SPECIFICATION
54.
55.
(1) An application for leave to amend a provisional specification or a complete
specification which has not been accepted, except when the amendment is
made to meet an objection by the Registrar, shall be made in form No. 30.
Application
to
amend unaccepted
specification.
(2)
The Registrar shall, if he thinks fit, appoint a time for a hearing of the
application and shall give the applicant at least twenty-one days’
notice of such appointment. If the applicant desires to be heard he
must, not later than seven days prior to the date of the hearing or
within such further time as the Registrar may allow, notify the
Registrar to the effect.
Application
to
amend unaccepted
specification.
(3)
After hearing the applicant or, if the applicant does not desire to be
heard, then without a hearing, the Registrar shall decide the case and
notify his decision to the applicant.
(An application for leave to amend an accepted complete specification shall be
made in form No. 31 and the application and the nature of the proposed
amendment shall be advertised by the applicant in the Gazette in the manner
provided for in form No. 32.
105
Application
to
amend
accepted
complete
specification.