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PATENTS ACT (CHAPTER 26:03)
Acts 26/1971, 39/1973 (ss. 39 and 52), 42/1976 (s. 15), 39/1979, 15/1981, 29/1981, 41/1983, 12/1986 (s. 13), 11/1991 (s. 17), 20/1994 (s. 7), 22/2001 (s. 4), 9/2002, 14/2002 (s. 40).
ARRANGEMENT OF SECTIONS
Section 1. Short title.
2A. Inventions for which patent may not be granted 2. Interpretation.
- Patent Office, Controller, registrars of patents and other officers.
- Register of Patents.
- Persons entitled to make application.
- Form of application.
- Complete and provisional specifications.
- Contents of specification.
- Effective date of claims of complete specification.
- Examination of applications and specifications.
- Ante-dating and post-dating of applications and specifications.
- Refusal of application in certain cases.
- Powers of Registrar if specification or application defective.
- Lapsing of applications.
- Acceptance and publication of complete specification and cancellation thereof.
- Opposition to grant of patent.
- Substitution of applicants.
- Prior knowledge or publication of invention excused in certain circumstances.
- Provisions for secrecy of certain inventions.
GRANT, EFFECT AND TERM OF PATENT
- Grant and sealing of patent.
- Amendment of patent granted to deceased applicant.
- Date of patent.
- Extent, effect and form of patent.
24A. Parallelimportation of patented products etc.
24B. Test batches of patented products 25. Term of patent.
- Patents of addition.
- Renewal of patents.
- Restoration of lapsed patents.
- Licences of right.
- Cancellation of entry made in terms of section 29.
30A. Compulsory licence in respect of dependent patents
- Compulsory licence in case of abuse or insufficient use of patent rights.
- Inventions relating to food or certain other commodities.
- Supplementary provisions as to licences.
- Use of patented inventions for service of the State.
- Special provisions as to State use during emergency.
- Reference of disputes as to State use.
SPECIAL PROVISIONS RELATING TO SPECIFICATIONS, ANTICIPATION AND RIGHTS IN INVENTIONS
- Amendment of specification by Registrar.
- Amendment of specification with leave of Court or Patents Tribunal.
- Restrictions on recovery of damages in certain cases.
- Savings for anticipation.
- Co-ownership of patents.
- Disputes as to inventions made by joint inventors.
- Disputes as to inventions made by employees.
- Avoidance of certain restrictive conditions in contracts.
- Revocation of patents.
- Consequences of revocation on grounds of fraud.
- Surrender of patents.
47A. Interpretation in Part VI
- Procedure and conditions in action for infringement.
48A. AntonPiller orders
- Relief for infringement of partially valid specification.
- Restrictions on recovery of damages for infringement.
- Remedy for groundless threats of infringement proceedings.
- Power of Court to make declaration as to non-infringement.
ASSIGNMENTS AND CORRECTIONS
- Provisions as to assignments.
- Power of Registrar to authorize corrections.
- Rectification of Register.
FUNCTIONS OF REGISTRAR INRELATION TO CERTAIN EVIDENCE, DOCUMENTS AND POWERS OF REGISTRAR
- Evidence of certain entries and documents.
- Requests for information as to patent or patent application.
- Loss or destruction of patent.
- Exercise of discretionary powers of Registrar.
- Proceedings before Registrar.
- Registrar may award costs.
- Advertisements to be approved by Registrar.
- Patent agents and their functions.
- Qualification and registration of patent agents.
- Removal of names from Register of Patent Agents.
- Privileges of attorneys.
- Entitlement to practise as patent agent and power of Controller to refuse to deal with certain agents.
- Prohibition of certain acts of patent agents.
APPEALS AND REFERENCES
- Appeals from Registrar.
- Time for appeals.
- Powers of Tribunal on appeal.
- References to Tribunal by Registrar.
- Convention countries.
- Supplementary provisions as to Convention applications.
- Special provisions as to vessels, aircraft and land vehicles.
- Protocol on Patents and Industrial Designs.
82A Patent Co-operation Treaty
- Protection of inventions communicated under international agreements.
OFFENCES AND PENALTIES
- Falsification of certain documents.
- Deceiving or influencing Registrar or other officer.
- Witness giving false evidence.
- Prohibition on trafficking in patents by officers.
- Unauthorized claim of patent right.
- Unauthorized use of certain words.
- Lodging and authentication of documents.
- Expenses of administration.
- Provisions as to fees.
- Saving for certain forfeitures.
- Patent and Trade Marks Journal.
- Power to make regulations.
AN ACT to consolidate and amend the law relating to patents; and to provide for matters incidental to or connected with the foregoing.
[Date of commencement: 1st February, 1972.]
1 Short title
This Act may be cited as the Patents Act [Chapter 26:03].