PATENTS: SUBSIDIARY LEGISLATION

PATENTS: SUBSIDIARY LEGISLATION

APPOINTMENT NOTICE

under s. 4

G.N. 234/1965

    The Minister has appointed—

    (i)    the Registrar General to be Registrar of Patents;

    (ii)    the Assistant Registrar General to be Deputy Registrar of Patents.

PATENTS TRIBUNAL RULES

ARRANGEMENT OF RULES

    RULE

PRELIMINARY

    1.    Citation

    2.    Interpretation

PART I
APPEALS

    3.    Entry of appeal

    4.    Application for an extension of time in which to appeal

    5.    Notice of hearing

    6.    Evidence

    7.    Attendance of witnesses

    8.    Security on appeal

    9.    Abandonment or failure to prosecute appeal

    10.    Frivolous or vexatious appeals

PART II
APPLICATIONS AND OPPOSITIONS

    11.    Application for extension of patent

    12.    Application for compulsory licence in respect of patents relating to food or certain other commodities

    13.    Dispute as to Government use

    14.    Revocation of patent

    15.    Rectification of register

    16.    Hearing of applications

    17.    Evidence by affidavit

    18.    Costs

PART III
PATENT AGENTS

    19.    Procedure under section 69 (2)

PART IV
TAXATION OF COSTS

    20.    Registrar of Patents Tribunal to be Taxing Officer

    21.    Necessary and proper costs to be allowed

    22.    Scale of fees to be followed

    23.    Witnesses’ charges and allowances

    24.    Taxation of costs

    25.    Review of decision of Taxing Officer

    26.    Reference to Chairman in chambers

PART V
GENERAL

    27.    Adjournment of proceedings

    28.    Place of hearing

    29.    Forms

    30.    Fees

    31.    Endorsement of fee on document chargeable

    32.    Oath to be taken by assessors appointed under section 79

    33.    Remuneration of assessors

    34.    Witnesses’ allowances

    35.    Legal practitioners’ fees

        First Schedule

        Second Schedule

    

G.N. 252/1957(F)
5/1964(M)
232/1965
166/1967

PATENTS TRIBUNAL RULES

under s. 81

PRELIMINARY

1.    Citation

    These Rules may be cited as the Patents Tribunal Rules.

2.    Interpretation

    In these Rules, unless inconsistent with the context—

    “Office” means the Patent Office;

    “Chairman” means the Chairman of the Patents Tribunal;

    “Tribunal” means the Patents Tribunal.

PART I
APPEALS

3.    Entry of appeal

    (1) Any person who desires to appeal to the Tribunal from a decision of the Registrar of Patents in any matter in

    which a right of appeal is given under the Act shall, within three months after the date of the decision, file with the registrar of the Tribunal a notice in form P.T. No. 1.

    (2) A notice of appeal shall state the nature of the decision appealed against and whether the appeal is from the whole or part only and, if so, what part of the decision, and shall be accompanied by a statement in writing of the appellant’s grounds of appeal.

    (3) The appellant shall send a copy of the notice of appeal to the Registrar of Patents and to any person or persons who appeared or gave notice of opposition in the proceedings before the said Registrar.

    (4) The appellant shall be responsible for the preparation of the record which shall be certified by the Registrar of Patents as correct in terms of subrule (7).

    (5) The Registrar of Patents as well as the parties or their legal practitioners shall endeavour to exclude from the record all documents (more particularly such as are purely formal) that are not relevant to the subject matter of the appeal, and generally to reduce the bulk of the record as far as practicable, and to avoid the production of unnecessary exhibits, taking special care to avoid the duplication of documents and the unnecessary repetition of headings, and furnish merely the formal particulars of documents; but the documents omitted to be copied shall be enumerated in a list to be placed after the index or at the end of the record.

    (6) The Registrar of Patents, after consultation with the registrar of the Tribunal, shall direct the number of copies of the record to be prepared, having regard to whether or not one or more assessors are likely to sit upon the hearing of the appeal.

    (7) After the completion of the preparation of the record the Registrar of Patents shall certify the record to be correct and forward it to the registrar of the Tribunal together with such copies thereof as he has directed to be prepared in terms of subrule (6).

4.    Application for an extension of time in which to appeal

    (1) Any application for an extension of time in which to appeal shall be in form P.T. No. 2 and shall state briefly the grounds upon which the application is based and where facts are alleged such facts shall be verified by affidavit.

    (2) The application accompanied by supporting documents shall be delivered to the registrar of the Tribunal and copies shall forthwith be served by the appellant on the Registrar of Patents and on…