CHAPTER 26:03

PATENTS ACT

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

PART I

PRELIMINARY

Section 1.           Short title.

2A.       Inventions for which patent may not be granted 2.  Interpretation.

PART II

ADMINISTRATION

3. Patent Office, Controller, registrars of patents and other officers.
5. Register of Patents.

PART III

APPLICATIONS GENERALLY

6. Persons entitled to make application.
7. Form of application.
8. Complete and provisional specifications.
9. Contents of specification.
10. Effective date of claims of complete specification.
11. Examination of applications and specifications.
12. Ante-dating and post-dating of applications and specifications.
13. Refusal of application in certain cases.
14. Powers of Registrar if specification or application defective.
15. Lapsing of applications.
16. Acceptance and publication of complete specification and cancellation thereof.
17. Opposition to grant of patent.
18. Substitution of applicants.
19. Prior knowledge or publication of invention excused in certain circumstances.
20. Provisions for secrecy of certain inventions.

PART IV

GRANT, EFFECT AND TERM OF PATENT

21. Grant and sealing of patent.
22. Amendment of patent granted to deceased applicant.
23. Date of patent.
24. Extent, effect and form of patent.

24A. Parallelimportation of patented products etc.

24B. Test batches of patented products 25. Term of patent.

26. Patents of addition.
27. Renewal of patents.
28. Restoration of lapsed patents.
29. Licences of right.
30. Cancellation of entry made in terms of section 29.

30A. Compulsory licence in respect of dependent patents

31. Compulsory licence in case of abuse or insufficient use of patent rights.
32. Inventions relating to food or certain other commodities.
33. Supplementary provisions as to licences.
34. Use of patented inventions for service of the State.
35. Special provisions as to State use during emergency.
36. Reference of disputes as to State use.

PART V

SPECIAL PROVISIONS RELATING TO SPECIFICATIONS, ANTICIPATION AND RIGHTS IN INVENTIONS

37. Amendment of specification by Registrar.
38. Amendment of specification with leave of Court or Patents Tribunal.
39. Restrictions on recovery of damages in certain cases.
40. Savings for anticipation.
41. Co-ownership of patents.
42. Disputes as to inventions made by joint inventors.
43. Disputes as to inventions made by employees.
44. Avoidance of certain restrictive conditions in contracts.
45. Revocation of patents.
46. Consequences of revocation on grounds of fraud.
47. Surrender of patents.

47A. Interpretation in Part VI

PART VI

INFRINGEMENTS

48. Procedure and conditions in action for infringement.

48A. AntonPiller orders

49. Relief for infringement of partially valid specification.
50. Restrictions on recovery of damages for infringement.
51. Remedy for groundless threats of infringement proceedings.
52. Power of Court to make declaration as to non-infringement.

PART VII

ASSIGNMENTS AND CORRECTIONS

53. Provisions as to assignments.
54. Power of Registrar to authorize corrections.
55. Rectification of Register.

PART VIII

FUNCTIONS OF REGISTRAR INRELATION TO CERTAIN EVIDENCE, DOCUMENTS AND POWERS OF REGISTRAR

56. Evidence of certain entries and documents.
57. Requests for information as to patent or patent application.
58. Loss or destruction of patent.
59. Exercise of discretionary powers of Registrar.
60. Proceedings before Registrar.
61. Registrar may award costs.
62. Advertisements to be approved by Registrar.

PART IX

PATENT AGENTS

63. Patent agents and their functions.
64. Qualification and registration of patent agents.
65. Removal of names from Register of Patent Agents.
66. Privileges of attorneys.
67. Entitlement to practise as patent agent and power of Controller to refuse to deal with certain agents.
68. Prohibition of certain acts of patent agents.

PART X

APPEALS AND REFERENCES

69. Appeals from Registrar.
70. Time for appeals.
71. Powers of Tribunal on appeal.
72. References to Tribunal by Registrar.
73. [Repealed].
74. [Repealed].
75. [Repealed].
76. [Repealed].
77. [Repealed].
78. [Repealed].

PART XI

INTERNATIONALARRANGEMENTS

79. Convention countries.
80. Supplementary provisions as to Convention applications.
81. Special provisions as to vessels, aircraft and land vehicles.
82. Protocol on Patents and Industrial Designs.

82A Patent Co-operation Treaty

83. Protection of inventions communicated under international agreements.

PART XII

OFFENCES AND PENALTIES

84. Falsification of certain documents.
85. Deceiving or influencing Registrar or other officer.
86. Witness giving false evidence.
87. Prohibition on trafficking in patents by officers.
88. Unauthorized claim of patent right.
89. Unauthorized use of certain words.

PART XIII

GENERAL

91. Lodging and authentication of documents.
92. Expenses of administration.
93. Provisions as to fees.
94. Saving for certain forfeitures.
95. Patent and Trade Marks Journal.
96. Power to make regulations.
97. [Repealed].

SCHEDULE: Protocol.

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.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Patents Act [Chapter 26:03].