LAWS OF MALAWI
Patents
(Subsidiary)
60.
Cap. 49:02
Patents Regulations
(1) An application for directions under section 47 (6) of the Act by any one or
more of the proprietors of a patent shall be made in form No. 34 and shall be
accompanied by a statement setting out fully the facts upon which the applicant
relief and the directions which he seeks.
(2)
A copy of the application and of the statement shall be sent by the
Registrar to the person in default.
(3)
Thereafter regulation 59(3) and (4) shall apply.
Application under
section 47(7).
PART XII
DISPUTES AS TO INVENTIONS MADE BY EMPLOYEES
61.
62.
(1) An application under section 48(1) of the Act to determine a dispute as to
rights in respect of an invention or in respect of a patent granted or to be
granted in respect thereof shall be made in form No. 36 and shall be
accompanied by a copy thereof together with a statement, in duplicate, setting
out fully the facts of the dispute and the relief which is sought.
(2)
A copy of the application and of the statement shall be sent by the
Registrar to the other party to the dispute, who within three months
after receipt thereof shall file a counter-statement, in duplicate, setting
out fully the grounds on which he disputes the right of the applicant to
the relief sought.
(3)
The Registrar shall send a copy of this counter-statement to the
applicant and thereafter, subject to such directions as the Registrar
may think fit to give, regulations 26 to 29 inclusive shall mutatis
mutandis apply in respect of proceedings held before the Registrar,
and references to the objector shall be substituted for references to the
applicant and references to the applicant for references to the other
party.
(1) Should the Registrar decide to hear the application he shall thereafter
appoint a time for the hearing and shall give the parties at least fourteen days’
notice of the appointment.
(2)
Application under
section 48(1)
Hearing.
After hearing the party or parties desiring to be heard or, if none of the
parties desires to be heard, then without a hearing, the Registrar shall
determine the matter in dispute and make such orders for giving effect
to his decision as he considers expedient.
PART XIII
SURRENDER OF PATENT
63.
A notice of an offer by a patentee under section 52 of the Act to surrender his
patent shall be given in form No. 37 and shall be advertised by the patentee in
one issue of the Gazette.
107
Form of offer to
surrender a patent.