The Industrial Property Act, 2001
49
the Managing Director and the surrender shall be effective only after it has
been published.
(4) If a licence has been recorded in the register, surrender shall only be
registered upon the submission of a declaration by which the licensee
consents to the surrender, unless the latter has expressly waived this right in
the licence contract.
Revocation or
invalidation
103. (1) Any interested person may in proceedings instituted by him against
the owner of a patent, or a registered utility model or industrial design or in
proceedings instituted against him by the owner, request the Tribunal to
revoke or invalidate the patent, utility model or industrial design registration.
(2) An interested person may, within a period of nine months from the date
of the publication of the grant of a patent, utility model or industrial design
request the Tribunal to revoke or invalidate the patent, utility model or
industrial design registration.
(3) The Tribunal shall revoke or invalidate the registration of the patent or
the utility model or industrial design on any of the following grounds: (a) that the owner of the patent is not entitled under section 30, 31 or 32 of
the Act to apply for the grant of a patent;
(b) that the owner of the patent is in infringement of the rights of the person
filing an application for revocation of the patent or of any persons under or
through whom he claims;
(c) that the invention does not relate to an art, whether producing a physical
effect or not, process, use, machine, manufacture or composition of matter
which is capable of being applied in trade or industry;
(d) that the invention is obvious in that it involves no inventive step having
regard to what was common knowledge in the art at the effective date of the
application;
(e) that the invention, in so far as it is claimed in any claim of the application
is not useful;
(f) that the patent does not fully describe and ascertain the invention and the
manner in which it is to be performed;
(g) that the patent does not disclose the best method of performing the
invention known to the owner of the patent at the time when the
specification was lodged at the Institute;
(h) that at the time the application for the grant of the patent was filed, the
application form or any other documents filed in pursuance of the
application contained a material misrepresentation; or
(i) that the invention is not new in terms of section 23 of the Act.