Patents Act, 1992
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Cancellation of entry. |
69.—(1) At any time after an entry has been made under section 68 , the proprietor of a patent may apply to the Controller for cancellation of the entry, and where such an application is made and the balance paid of all renewal fees which would have been payable if the entry had not been made, the Controller may, if satisfied that there is no existing licence under the patent, or that all licensees under the patent have consented to such cancellation, cancel the entry. | |
(2) If, within the prescribed period after an entry has been made under section 68 , any person claims that the proprietor of the patent concerned is, and was at the time when the entry was made, by a contract in which the claimant is interested precluded from granting licences under the patent, he may apply to the Controller for cancellation of the entry. | ||
(3) Where the Controller is satisfied, on application made under subsection (2), that the proprietor of a patent is and was precluded in the manner mentioned in subsection (2), he shall cancel the entry referred to in that subsection, and thereupon the proprietor shall be liable to pay, within such period as may be prescribed, a sum equal to the balance of all renewal fees which would have been payable if the entry had not been made, and if the sum is not paid within the said period the patent shall cease to have effect on the expiration of the said period. | ||
(4) Where an entry is cancelled under this section, the rights and liabilities of the proprietor of the patent to which the entry relates shall thereafter be the same as if the entry had not been made. | ||
(5) The Controller shall advertise in the prescribed manner any application made to him under this section and within the prescribed period after publication of such advertisement notice of opposition to the cancellation sought may be given to the Controller by— | ||
(a) in the case of an application under subsection (1), any person, and | ||
(b) in the case of an application under subsection (2), the proprietor of the patent to which the application relates. | ||
(6) Where a notice of opposition is given under subsection (5), the Controller shall notify the applicant before determining the application. |