WIPO Lex

Patents Regulations

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

CHAPTER 49:02

PATENTS REGULATIONS

ARRANGEMENT OF REGULATIONS

PRELIMINARY

RUGULATION 1. Citation 2. Interpretation

PART I APPLICATION FOR PATENTS AND SPECIFICATIONS

3. Appropriate application forms to be used 4. Assignee or legal representative to establish right to act 5. Cognate application 6. Cognate of application if not cognate 7. Evidence in support of convention application 8. Division of convention application 9. Extension of period for lodging complete specification 10. Request for post-dating an application.

PART II DRAWINGS

11. When supplied, drawings to accompany specification 12. Drawing paper 13. Size of sheets, etc 14. Preparation of drawings 15. Identification of drawings 16. Descriptive matter 17. Drawings not to be creased 18. Drawings lodged with provisional specification

PART III EXAMINATION OF APPLICATIONS AND ACCEPTANCE OF COMPLETE

SPECIFICATIONS

19. Examination procedure under section 16 20. Extension of time under section 20 21. Extension of time under section 21 22. Publication of acceptance 23. Inspection of application, specification and drawings

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

CHAPTER 49:02

PATENTS REGULATIONS

ARRANGEMENT OF REGULATIONS

PRELIMINARY

RUGULATION

PART IV OPPOSITION TO GRANT OF PATENT

24. Notice of opposition 25. Counter-statement 26. Filling of evidence by objector 27. Filling of evidence by applicant 28. Extension of time under regulations 25, 26 and 27 29. Proof of service of notices, statements etc 30. Supply of documents, etc., to Tribunal

PART V SUBSTITUTION OF APPLICANTS ETC.

31. Procedure under section 23(1) 32. Procedure under section 23 (5)

PART VI SEALING AND FORM OF PATENT, AND RENEWAL FEES

33. Request for sealing 34. Time for sealing under section 25(2) 35. Form of patent 36. Amendment of patent 37. Payment of renewal fees 38. Renewal fees may be paid in advance 39. Extension of time for payment 40. Certificate of payment

PART VII RESTORATION OF LAPSED PATENTS

41. Application 42. Notice of opposition 43. Hearing

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

CHAPTER 49:02

PATENTS REGULATIONS

ARRANGEMENT OF REGULATIONS

PRELIMINARY

RUGULATION

PART VIII VOLUNTARY ENDORSEMENT OF PATENTS “LICENCES OF RIGHT

44. Application under section 35(1) 45. Application under Section 35(2) 46. Advertisement of endorsement 47. Cancellation of endorsement under section 36(1) 48. Cancellation of endorsement under section 36(2) 49. Advertisement and opposition

PART IX COMPULSORY LICENCES

50. Application under section 37 51. Preliminary consideration by Registrar 52. Opposition 53. Supply of documents, etc., to Tribunal

PART X AMENDMENT OF SPECIFICATION

54. Application to amend unaccepted specification 55. Application to amend accepted complete specification 56. Certified copy of original specification to accompany application 57. Opposition 58. New specification and drawings as amended may be required

PART XI DIRECTIONS TO CO-OWNERS

59. Application under section 47(6) 60. Application under section 47(7)

PART XII DISPUTES AS TO INVENTIONS MADE BY EMPLOYEES

61. Application under section 48(1) 62. Hearing

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

CHAPTER 49:02

PATENTS REGULATIONS

ARRANGEMENT OF REGULATIONS

PRELIMINARY

RUGULATION PART XIII

SURRENDER OF PATENT

63. Form of offer to surrender a patent 64. Opposition

PART XIV REGISTER OF PATENTS

65. Register to record grant patents 66. Alteration of entries 67. Registration of assignments, etc 68. Copies of documents 69. Correction or errors 70. Advertisement 71. Opposition 72. Certified copies of entries, etc. 73. Lost patents

PART XV PATENT AGENT

74. Application for registration

PART XVI MISCELLANEOUS

75. Fees 76. Forms 77. Size, etc., of documents 78. Address for service 79. Method and proof of service 80. Lodging of documents 81. Power of Registrar to fix time and place of proceedings 82. Agency 83. Refusal to recognize agent 84. Signature of documents 85. Amendment of documents 86. Power of Registrar to waive requirements 87. Order of Court or Tribunal 88. Days and hours of business

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE

PATENTS REGULATIONS

Under s. 96

PRELIMINARY

1. These Regulations may be cited as the Patents Regulations.

2. In these Regulations, unless inconsistent with the context:

“agent” means a patent agent registered as such in terms of section 68 of the Act, and includes a legal practitioner;

“Office” means the Patent Office;

“Tribunal” means the Patents Tribunal

PART I APPLICATION FOR PATENTS AND SPECIFICATIONS

3. (1) An application, other than a convention application, shall be made in form No. 1.

(2) A convention application shall be made in form No. 2.

(3) An application for a patent of addition shall be made in form No. 3.

(4) An application in terms of section 31(2) of the Act for the grant of a patent of addition instead of an independent patent shall be made in form No. 4.

(5) Every application (other than a convention application) shall be accompanied by either a provisional specification in duplicate in form No. 5 or a complete specification in duplicate in form No. 6; and every convention application shall be accompanied by a complete specification in duplicate in form No. 6.

G.N. 251/1957 (F) 206/1959 (F) 363/1960 (F) 203/1962 (F) 5/1964 (M) 166/1967 71/1992

Citation.

Interpretation

Appropriate application forms to be used.

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

4. An application for a patent by an assignee or the legal representative of a person who was the owner of an invention when he died shall be accompanied by the deed of assignment or the probate of the will of the deceased or the letters of administration, as the case may be, or a certified copy thereof, and such further evidence and proof of the applicant’s title as the Registrar may require.

5. Where, in pursuance of section 13(3) of the Act, the Registrar allows a single complete specification to be proceeded with in respect of two or more applications in respect of which two or more complete specifications have been lodged, the single complete specification may include any matter disclosed in any of the said specifications and shall be deemed to have been lodged on such date, not earlier than the earliest date n which all the matter disclosed in the said single complete specification has been disclosed to the office in or in connection with the applications, as the Registrar may direct.

6. Where a complete specification has been lodged pursuant to two or more applications accompanied by provisional specifications for inventions which the applicant believes to be cognate or modifications one of another and the Registrar is of the opinion that such inventions are not cognate or modifications one of another, the Registrar may allow the complete specification to be divided into such number of complete specifications as may be necessary to enable the applications to be proceeded with as two or more separate applications for patents.

7. (1) In addition to the specification lodged with every convention application, there shall be lodged with the application, or within six months thereafter, a copy of the specification and drawings or documents lodged in respect of the relevant first application or applications for protection in a convention country, duly certified by the official chief or head of the patent office of the convention country, or otherwise verified to the satisfaction of the Registrar.

(2) If any specification or other document relating to the application is in a foreign language, it shall be accompanied by a translation thereof in the English language verified to the satisfaction of the Registrar.

8. Where a single convention application has been made in respect of all or part of the inventions in respect of which two or more applications for protection have been made in one or more convention countries, the Registrar may, if he is satisfied that the claims of the specification lodged with the said convention application relate to more than one invention, allow one or more further applications to be lodged and the specification to be divided into such number of specifications as may be necessary to enable two or more separate convention applications to be proceeded with, and may direct that the said applications be deemed to have been lodged on the date of lodging of the original application.

Assignee or legal representative to establish right to act.

Cognate application.

Division of application if not cognate.

Evidence in support of convention application.

Division of convention application.

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

9. A request in terms of section 13(2) of the Act for an extension of time for lodging a complete specification shall be made in form No. 7.

10. A request in terms of section 17(1) of the Act for the post-dating of an application shall be made in form No. 8.

PART II DRAWINGS

11. Drawings, when supplied, shall accompany the provisional or complete specification to which they refer, except in the case provided for by regulation 18. A true copy of the original drawings shall be lodged at the same time as the original drawings.

12. (1) Drawings shall be made on pure white tough drawing paper, not thinner than 100 sheets to the inch, of smooth surface and good quality, and without colour or washes, in such a way as to admit of being clearly reproduced on a reduced scale by photograph.

(2.) Mounted drawings may not be used.

13. (1) Drawings shall be on sheets which measure 13 inches from top to bottom and are either 8 inches or 16 inches wide, and shall be made on one side of the paper only and have 1½ inches clear binding margin on the left hand side of the sheet and a ½ inch clear margin on the top, bottom and right hand side of the sheet.

(2.) If there are more figures than can be shown on one of the smaller sized sheets, two or more of these sheets shall be used unless the large size is required by the size of any one figure.

(3.) An exceptionally large figure may be continued on subsequent sheets.

(4.) No more sheets shall be employed than are necessary.

(5.) The figures shall be numbered consecutively without regard to the number of sheets, and shall as far as possible be arranged in numerical order, separated by a sufficient space to keep them distinct.

(6.) Where figures on a number of sheets form in effect a single complete figure, they shall be so arranged that the complete figure can be assembled without concealing any part of another figure.

14. Drawings shall be prepared in accordance with the following requirements:-

(a) They shall be executed in durable black or very dark markings;

Extension of period for lodging complete specification.

Request for pos- dating an application

When supplied, drawings to accompany specification.

Drawing paper.

Size of sheets, etc.

Preparation of drawings

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

(b) Each line shall be firmly and evenly drawn, sharply defined, and of the same strength throughout;

(d) Shading lines shall not contrast excessively in thickness with the general lines of the drawing;

(e) Sections and shading shall not be represented by solid black or washes;

(f) They shall be on a scale sufficiently large to show the invention clearly, and only so much of the apparatus, machine or article may appear as effects this purpose.

(g) If the scale is given, it shall be drawn and not denoted by words, and no dimensions may be marked on the drawings;

(h) Where convenient, the figures shall be drawn in an upright position in regard to the top and bottom of the sheet;

(i) Subject to any special directions of the Registrar in any particular case, reference letters and numerals and index letters and numerals used in conjunction therewith shall be bold, distinct and not less than ⅛ inch in height; the same letters or numerals shall be used in different views of the same parts; and where the reference letters or numerals are shown outside the parts referred to they shall be connected with the said parts by fine lines.

15. (1) Drawings shall bear:-

(a) Tin the left-hand top corner the name of the applicant and, in the case of drawings lodged with a complete specification after one or more provisional specifications, the numbers and years of the applications;

Identification drawings.

(b) In the right-hand top corner the number of sheets of drawings sent and the consecutive number of each sheet, and the words “original” or “true copy”, as the case may require;

corner the signature of the

(2) The title of the invention shall not appear on the drawings.

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

16. (1) No descriptive matter shall appear on constructional drawings, but drawings in the nature of flow sheets may bear descriptive matter to show the materials used and the chemical or other reactions or treatments effected in carrying out the invention.

(2) Drawings showing a number of instruments or units of apparatus and their interconnections, either mechanical or electrical, where each such instrument or unit is shown only symbolically, may bear such descriptive matter as is necessary to identify the instruments or their interconnections.

(3) Such descriptive matter shall be in black or very dark markings on both the original and the true copy drawings and on the latter the letters shall be not less than ¼ inch in height.

(4) No drawing or sketch, other than a graphic chemical formula or a mathematical formula, symbol or equation, shall appear in the verbal part of the specification and if such a formula, symbol or equation is used therein a copy thereof, prepared in the same manner as original drawings, except that it may be a hand-made drawing on tracing- cloth, shall be furnished if the Registrar so directs.

17. Drawings shall be delivered at the Office free from folds, breaks or creases which would render them unsuitable for reproduction by photography.

18. If an applicant desires to adopt the drawings lodged with his provisional specification as the drawings or part of the drawings for his complete specification, he shall refer to them in the complete specification as those lodged with the provisional specification.

PART III EXAMINATION OF APPLICATIONS AND ACCEPTANCE OF COLPETE

SPECIFICATIONS

19. (1) When the Registrar, in making the investigation under section 16 of the Act, finds that the application or specification does not comply with the requirements of subsection (1) of that section, the Registrar may refuse to accept the application or require the application or the specification which accompanied it to be amended in such manner as may be necessary.

(2) The Registrar may appoint a hearing if he considers it desirable to do so, having regard to the time remaining for putting the application in order or other circumstances of the case.

(3) When a hearing is appointed the applicant shall be given fourteen days’ notice of the appointment or such shorter notice as appears to the Registrar to be reasonable in the circumstances and shall as soon as possible notify the Registrar whether he will attend the hearing.

Descriptive matter.

Drawings not to be creased.

Drawings lodged with provisional specification.

Examination procedure under section 16.

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

(4) After hearing the applicant, or without a hearing if the applicant has not attended or has notified that he does not desire to he heard, the Registrar may direct or permit such amendment of the specification as will be to his satisfaction, and may refuse to accept the specification unless such amendment is made within such period as he may fix.

20. An application for extension of time for accepting a complete specification shall be given in form No. 9

21. A notice under the proviso to section 21(1) of the Act requesting postponement of the acceptance of a complete specification to a date, not being later than eighteen months from the date of lodging of the application, shall be given in form No. 10.

22. (1) When notice of acceptance of a complete specification has been given by the Registrar in terms of Section 21(2) of the Act the applicant shall advise the acceptance in the Gazette within one month of the date of such acceptance or within such further time as the Registrar may allow.

(2) At any time prior to the publication of the acceptance of a complete specification the Registrar may, if he thinks fit, on application made in form No. 11, cancel such acceptance.

23. The fee for inspecting an application, specification and drawings shall be as set out in item 50 of the First Schedule.

PART IV OPPOSITION TO GRANT OF PATENT

24. A notice of opposition to the grant of a patent shall be given in form No. 12.

25. The period within which a counter-statement may be lodged by the applicant shall be two months from the date of receipt by him of the notice of opposition. If such counter-statement is not lodged within the said period or within such further period as the Registrar may allow the application shall be deemed to be abandoned.

26. The objector may within two months form the receipt of the copy of the counter-statement file evidence in accordance with section 65 of the Act in support of his case and shall serve on the applicant a copy thereof.

27. Within two months from the receipt of the copy of the objector’s evidence or, if the objector does not file any evidence, within two months from the expiration of the time within which the objector’s evidence might have been filed, the applicant may file evidence in accordance with section 65 of the Act in support of his case and shall serve on the objector a copy of the evidence; and within two months from the receipt of the copy of the applicant’s evidence the objector may file evidence confined to matters strictly in reply and shall serve on the applicant a copy of the evidence.

Extension of time under section 20.

Extension of time under section 21.

Publication of acceptance.

Inspection of application, specification and drawings.

Notice of opposition.

Counter-statement.

Filing of evidence by objector.

Filing of evidence by applicant.

100

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

28. The Registrar may extend the periods mentioned in regulations 25, 26 and 27 if a request in writing for such extension is made at any time within the said periods or extended periods.

29. Proof of service of all notices, statements or other documents referred to in these Regulations shall be furnished to the Registrar.

30. (1) When the foregoing provisions of this Part have been complied with, the Registrar shall hand all relevant papers to the registrar of the Tribunal.

(2) Copies of all documents, other than Government specifications, referred to in the notice of opposition or in any statement or evidence filed in connection with the opposition shall be furnished for the use of the Tribunal, unless the Tribunal otherwise directs.

PART V. SUBSTITUTION OF APPLICANTS, ETC.

31. (1) A claim under section 23(1) of the Act that an application for a patent shall proceed in the name of the claimant or in the names of the claimant and the applicant or the other joint applicant or applicants shall be made in form No. 13 and shall be accompanied by a copy of any assignment or agreement upon which the claim is based, which copy shall be certified by the claimant, the applicant or the agent of either of them as the case may be.

(2) If so required by the Registrar the original assignment or agreement shall also be produced for his inspection and he may also call for such other proof of title or written consent as he may require.

32. (1) An application under section 23(5) of the Act by any party to a joint application for the directions of the Registrar as to the name of the party, or the manner in which an application for a patent shall be proceeded with, shall be made in form No. 14 and shall be accompanied by a statement setting out fully the facts upon which the applicant relies and the directions which he seeks.

(2) A copy of the application and statement shall be sent by the Registrar to each other joint applicant (the applicant shall supply a sufficient number of copies for that purpose) and thereafter the Registrar shall appoint a time for the hearing of the case and shall give the parties at least fourteen days’ notice of the appointment.

(3) After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Registrar shall in accordance with section 23(5) of the Act give directions as he thinks fit for enabling the application to proceed in the name of one or more of the parties or for regulating the manner in which it shall be proceeded with or for both those purposes, according as the case may require.

Extension of time under regulations 25, 26 and 27.

Proof of service of notices, statements, etc.

Supply of documents, etc., to Tribunal.

Procedure under section 23(1).

Procedure under section 23(5).

101

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

PART VI SEALING AND FORM OF PATENT, AND RENEWAL FEES

33. An application for the sealing of a patent shall be made in form No. 15.

34. (1) An application for an extension of time under proviso (d) to section 25(2) of the Act shall be made in form No. 16 and the period of extension shall not exceed three months.

(2) An application under proviso (e) to section 25(2) of the Act for a further extension of time shall be made in form No. 17.

35. A patent shall be n the form set out in the Second Schedule or in such form modified as directed by the Registrar to meet the circumstances.

36. An application under section 26 of the Act for the amendment of a patent shall be made in form No. 18 and shall be accompanied by evidence verifying the statements therein and by the letters patent.

37. If it is desired at the expiration of the third year of the term of a patent or of any succeeding year during the term of the patent to keep the patent in force, the renewal fees set out in item 18 of the First Schedule shall be paid by lodging form No. 19 before the expiration of the year.

Provided that where the sealing of the patent is delayed beyond the periods set out herein, by reason of opposition or the application having been kept secret or an extension under proviso (e) to section 25(2) of the Act having been granted, the renewal fees may be paid at the time the patent is sealed. The Registrar may in his discretion grant an extension of time not exceeding six months from the date of sealing for payment of such fees.

38. All or any of the prescribed renewal fees may be paid in advance.

39. An application for extension of time for payment of any renewal fee shall be made in form No. 20.

40. On due compliance with the terms of regulation 37, the Registrar shall issue a certificate in form No. 21 that the prescribed fee has been duly paid, and he shall cause to be entered in the register the fact that the fee has been paid and the date of payment as stated on the certificate.

PART VII RESTORATION OF LAPSED PATENTS

41. (1) An application under section 33 of the Act for the restoration of a patent shall be made in form No. 22 and shall be accompanied by evidence by affidavit in support of the statements made in the application.

Request for sealing.

Time for sealing under section 25(2).

Form of patent.

Amendment of patent

Payment of renewal fees.

Renewal fees pay be paid in advanced.

Extension of time for payment

Certificate of payment.

Application.

102

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

(2) The Registrar shall direct the patentee to advertise the application (if in compliance with section 33(2) of the Act) in two consecutive issues of the Gazette.

42. (1) At any time within two months of the advertisement of the application any person may give notice of opposition thereto in form 23.

(2) Such notice shall be accompanied by a copy thereof together with a statement, in duplicate, setting out fully the nature of the objector’s interest and the facts upon which he relief.

(3) Upon notice of opposition being given regulations 25 to 29 inclusive shall mutatis mutandis apply in respect of the proceedings held before the Registrar under section 33 of the Act.

43. (1) On completion of the evidence (if any), or at such other time as the Registrar may see fit, the Registrar shall appoint a time for the hearing of the application and shall give the parties at least fourteen days’ notice of the appointment.

(2) After hearing the party or parties desiring to be heard or, in none of the parties desires to be heard, then without a hearing, the Registrar shall decide the matter and notify his decision to the parties.

PART VIII VOOUNTARY ENDORSEMENT OF PATENTS “LICENCES OR RIGHT”

44. An application under section 35(1) of the Act for endorsement of a patent “licences of right” shall be made in form No. 24 and shall be accompanied by evidence verifying the statement in the application and by the letters patent.

45. (1) An application under section 35(2)(a) or (b) of the Act for settlement of the terms of a licence under a patent endorsed “licences of right” shall be made in form No. 25 and shall be accompanied by a copy thereof and a statement, in duplicate, setting our fully the facts upon which the applicant relies and the terms of the licence which he is prepared to accept or grant.

(2) A copy of the application and statement shall be sent by the Registrar to the patentee or the person requiring a licence, as the case may be, who, if he does not agree to the terms set out in the statement, shall within two months of the receipt of such copies file a counter- statement setting out fully the grounds of the objection and serve a copy thereof on the applicant.

(3) The Registrar shall give such directions as he may think fit with regard to the filing of evidence and the hearing of the parties.

Notice of opposition.

Hearing.

Application under section 35(1).

Application under section 35(2).

103

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

46. Upon the endorsement of a patent in terms of section 35 (1) of the Act the Registrar shall direct the application to publish notification thereof forthwith in the Gazette.

47. An application under section 36(1) of the Act for the cancellation of an endorsement shall be made in form No. 26 and shall be accompanied by evidence verifying the statement in the application and by a memorandum in form No. 19 with fees to the amount of the balance of all renewal fees which would have been payable if the patent had not been endorsed.

48. (1) An application under section 36(2) of the Act for the cancellation of an endorsement shall be made in form No. 27 within six months after the patent has been endorsed and shall be accompanied by a copy thereof and a statement, in duplicate, setting out fully the nature of the applicant’s interest and the facts upon which he relies.

(2) The period within which renewal fees shall be paid on cancellation of an endorsement in terms of section 36(3) of the Act shall be one month from the date of cancellation.

49. (1) Every application under section 36(1) or (2) of the Act shall be advertised by the applicant in the Gazette and the period within which notice of opposition to the cancellation of an endorsement may be given under section 36(5) of the Act shall be two months after the advertisement.

(2) Such notice shall be given in form 28 and shall be accompanied by a copy thereof and a statement, in duplicate, setting out fully the facts upon which the opponent relies, and, in the case of opposition to an application under section 36(1) of the Act, the nature of his interest.

(3) A copy of the notice and of the statement shall be sent by the Registrar to the applicant for cancellation of the endorsement and thereafter the Registrar shall appoint a time for the hearing of the application and shall give the parties at least fourteen days’ notice of the appointment.

(4) After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Registrar shall give such decision on the application as he may consider just.

PART IX COMPULSORY LICENCES

50. An application under section 37 of the Act for a licence under a patent shall be made in form No. 29.

Advertisement of endorsement.

Cancellation of endorsement under section 36(1).

Cancellation of endorsement under section 36(2).

Advertisement and opposition.

Application under section 37.

104

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

51. (1) If upon consideration of the evidence the Registrar is satisfied that the application falls within section 37 of the Act, he shall direct the applicant to serve copies of the Application and of the relevant affidavit upon the patentee and upon any other person appearing from the register to be interested in the patent and to advertise the application in one issue of the Gazette in such form as he may approve.

(2) If the Registrar is not so satisfied he shall notify the applicant accordingly, and unless within one month the applicant requests to be heard in the matter the Registrar shall refuse the application.

52. (1) At any time within two months from the date of the advertisement, or within such further time as the Registrar may allow, the patentee or nay other person who wishes to oppose the application shall deliver to the Registrar a counter-statement, verified by affidavit, setting out fully the grounds on which the application is opposed, and shall at the same time serve upon the applicant a copy of the counter-statement and of such affidavit.

(2) Proof of service shall be furnished to the satisfaction of the Registrar.

53. When the foregoing provisions of this Part have been complied with, the Registrar shall hand all relevant papers to the registrar of the Tribunal.

PART X AMENDMENT OF SPECIFICATION

54. (1) An application for leave to amend a provisional specification or a complete specification which has not been accepted, except when the amendment is made to meet an objection by the Registrar, shall be made in form No. 30.

(2) The Registrar shall, if he thinks fit, appoint a time for a hearing of the application and shall give the applicant at least twenty-one days’ notice of such appointment. If the applicant desires to be heard he must, not later than seven days prior to the date of the hearing or within such further time as the Registrar may allow, notify the Registrar to the effect.

(3) After hearing the applicant or, if the applicant does not desire to be heard, then without a hearing, the Registrar shall decide the case and notify his decision to the applicant.

55. (An application for leave to amend an accepted complete specification shall be made in form No. 31 and the application and the nature of the proposed amendment shall be advertised by the applicant in the Gazette in the manner provided for in form No. 32.

Preliminary consideration by Registrar.

Opposition.

Supply of documents etc., to Tribunal.

Application to amend unaccepted specification.

Application to amend accepted complete specification.

105

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

56. An application for leave to amend a specification shall be accompanied by a copy certified by the applicant or his agent of the original specification, or of those pages of specification or drawings in which the proposed amendment appears, clearly showing in red ink the amendment sought.

57. (1) Any person wishing to oppose an application for amendment under regulation 55 shall give notice to the Registrar in form No. 33.

(2) Such notice shall be accompanied by a statement setting out fully the nature of the objector’s interest, the facts upon which he relies and the relief he seeks.

(3) A copy of the notice and of any statement which accompanies such notice shall be served by the objector on the applicant.

(4) Upon notice of opposition being given regulations 25 or 29 inclusive and 43 shall mutatis mutandis apply in respect of the proceedings held before the Registrar under section 43 of the Act.

58. (1) When leave to amend a specification is given the applicant shall, if the Registrar so requires and within a time to be fixed by him, lodge a new specification and drawings as amended.

(2) Where an application for leave to amend a specification made pursuant to an order of the Tribunal or of a Court such application shall be accompanied by a copy of such order certified by the registrar of the Tribunal or Court, as the case may be.

PART XI DERECTONS TO CO-OWNERS

59. (1) An application for directions under section 47 (6) of the Act by any one or more of the proprietors of a patent shall be made in form No. 34 and shall be accompanied by a statement setting out fully the facts upon which the applicant relief and the directions which he seeks.

(2) A copy of the application and of the statement shall be sent by the Registrar to each of the other proprietors of the patent, and the applicant shall supply a sufficient number of copies for that purpose.

(3) Thereafter the Registrar shall appoint a time for the hearing of the case and shall give the parties at least fourteen days’ notice of the appointment.

(4) After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing the Registrar shall give directions in accordance with section 47(6) of the Act.

Certified copy of original specification to accompany application.

Opposition.

New specification and drawings as amended may be required.

Application under section 47(6).

106

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

60. (1) An application for directions under section 47 (6) of the Act by any one or more of the proprietors of a patent shall be made in form No. 34 and shall be accompanied by a statement setting out fully the facts upon which the applicant relief and the directions which he seeks.

(2) A copy of the application and of the statement shall be sent by the Registrar to the person in default.

(3) Thereafter regulation 59(3) and (4) shall apply.

PART XII DISPUTES AS TO INVENTIONS MADE BY EMPLOYEES

61. (1) An application under section 48(1) of the Act to determine a dispute as to rights in respect of an invention or in respect of a patent granted or to be granted in respect thereof shall be made in form No. 36 and shall be accompanied by a copy thereof together with a statement, in duplicate, setting out fully the facts of the dispute and the relief which is sought.

(2) A copy of the application and of the statement shall be sent by the Registrar to the other party to the dispute, who within three months after receipt thereof shall file a counter-statement, in duplicate, setting out fully the grounds on which he disputes the right of the applicant to the relief sought.

(3) The Registrar shall send a copy of this counter-statement to the applicant and thereafter, subject to such directions as the Registrar may think fit to give, regulations 26 to 29 inclusive shall mutatis mutandis apply in respect of proceedings held before the Registrar, and references to the objector shall be substituted for references to the applicant and references to the applicant for references to the other party.

62. (1) Should the Registrar decide to hear the application he shall thereafter appoint a time for the hearing and shall give the parties at least fourteen days’ notice of the appointment.

(2) After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Registrar shall determine the matter in dispute and make such orders for giving effect to his decision as he considers expedient.

PART XIII SURRENDER OF PATENT

63. A notice of an offer by a patentee under section 52 of the Act to surrender his patent shall be given in form No. 37 and shall be advertised by the patentee in one issue of the Gazette.

Application under section 47(7).

Application under section 48(1)

Hearing.

Form of offer to surrender a patent.

107

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

64. (1) At any time within two months from such advertisement any person may give notice of opposition to the Registrar in for No. 38, which shall be accompanied by a copy thereof and a statement, in duplicate, setting out fully the nature of the opponent’s interest, the facts upon which he relies and the relief which he seeks.

(2) A copy of the notice and of the statement shall be sent by the Registrar to the patentee.

(3) Upon such notice of opposition being given and a copy thereof sent to the patentee, regulations 25 to 29 inclusive and regulation 43 shall mutatis mutandis apply and references to the patentee shall be substituted for references to the applicant.

PART XIV REGISTER OF PATENT

65. (1) In addition to the particulars referred to in the Act, the Registrar shall cause to be entered I the register the name, address and nationality of the patentee as the grantee thereof, the title of the invention, the date of the patent and the date of the sealing thereof, together with the full postal address for service.

(2) The Registrar may at any time enter in the register such other particulars as he may deem necessary.

66. (1) A request by a patentee for the alteration of a name, nationality, address or address for service entered in the register in respect of his patent shall be made in form No. 39.

(2) Before acting on a request to alter a name or nationality, the Registrar may require such proof of the alteration as he may think fit.

(3) If the Registrar is satisfied that the request may be allowed, he shall cause the register to be altered accordingly.

67. (1) An application for the registration of the title of any person becoming entitled by assignment to a patent or to a share in a patent shall be made in form No. 40 by the person becoming so entitled.

(2) Application may be made in form No. 41 for entry in the register of notification of an interest by way of mortgage, licence or otherwise.

68. (1) A copy of any document which is referred to in an application under regulation 67, duly certified to the satisfaction of the Registrar, shall be produced to the Registrar with the application.

Opposition

Register to record grant of patents.

Alteration of entries.

Registration of assignments, etc.

Copies of documents.

108

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

(2) Unless the Registrar otherwise directs, the original of any other document so referred to shall be produced to him with the application, and a certified copy of any such document shall be lodged therewith, and such original document shall be returned to the person who produced it.

69. A request under section 59 of the Act for the correction of a mistake in the register, in any patent, or application for a patent or any document lodged in pursuance of such application, or in proceedings in connection with any patent, shall be made in form No. 42.

70. Where the Registrar requires notice of the nature of the proposed correction to be advertised in terms of section 59(4) of the Acct, the advertisement shall be made by publication in the Gazette of the request and the nature of the proposed correction.

71. (1) Where such application is advertised in terms of regulation 70, notice of opposition may at any time within two months form the date of publication be given in form No. 43.

(2) Upon notice of opposition being given regulations 25 to 29 inclusive and regulation 43 shall mutatis mutandis apply in respect of the proceedings held before the Registrar under section 59 of the Act.

72. Copies of any entry in the register, or copies of, or extracts from, patents, specifications and other public documents in the Office, or of or from registers and other records kept there, certified by the Registrar, may be furnished by the Registrar on payment of the fees prescribed in the First Schedule.

73. An application under section 63 of the Act for a further patent to be sealed shall be made in form No. 44 and shall be accompanied by evidence setting out fully and verifying the circumstances in which the patent was lost or destroyed or cannot be produced.

PART XV PATENT AGENTS

74. (1) An application to be registered as a patent agent in terms of section 68(2) of the Act shall be:-

(a) made by affidavit on form No. 45 sworn before a Commissioner for Oaths;

(b) accompanied by:-

(i) documentary proof that the applicant is entitled to be registered;

(ii) the appropriate fee.

Correction of errors.

Advertisement.

Opposition.

Certified copies of entries, etc.

Lost patent

Application for registration.

109

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

(2) A certificate of the registration of a Patent Agent shall be in form No. 46.

PART XVI MISCELLANEOUS

75. The fees to be paid in respect of the grant of patents and applications therefore and in respect of other matters relating to patents arising under the Act shall be those prescribed in the First Schedule.

76. The forms referred to in these Regulations are those set out in the Third Schedule and such forms shall be used in all cases to which they are applicable and may be modified as directed by the Registrar.

77. (1) All documents and copies of documents, except drawings, lodged at the Office shall, unless the Registrar otherwise directs, be written, typewritten, lithographed or printed in the English language:-

(a) upon strong paper of a size approximately 13 inches by 8 inches, leaving a margin of at least 1½ inches on the left- hand part thereof;

(b) in legible characters with a dark, indelible ink;

(d) except in the case of affidavits, on one side only;

(2) Duplicates of any documents shall at any time be lodged, if required by the Registrar.

(3) Duplicate documents required under these Regulations may be carbon copies of the original documents:

Provided that they shall be on paper of good quality and the typing shall be black and distinct.

78. Every person concerned in any proceedings to which these Regulations relate, and every patentee, shall furnish to the Registrar an address for service in Malawi and that address may be treated for all purposes connected with such proceedings or patent as the address of the person concerned in the proceedings or the patentee.

79. (1) Where any notice, application or other document is required to be served on any person under the Act, such service may be effected by the delivery of a copy thereof either:-

(a) at the address of service furnished to the Registrar in terms of these Regulations; or

Fees.

Forms.

Size, etc., of documents.

Address for service.

Method and proof of service.

110

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

(b) to such person personally, or to his duly authorized agent; or

(2) Service effected by any person in accordance with this regulation shall be proved by a certificate made in form No. 47 and such certificate shall be filed with the Registrar.

80. Any notice, application or other document sent to the Office by post shall not be deemed to have been given, made or lodged until it is actually received in the Office.

81. The Registrar may in any proceedings held before him decide the hours, times and places at which he will sit and he may adjourn any proceedings for such time and to such place as he may think fit.

82. (1) Any application, request or notice which is required or permitted under this Act to be made or given to the Registrar, and all other communications between an applicant or a person making a request or giving a notice and the Registrar, and between the patentee and the Registrar or any other person, may be signed, made or given by or through an agent:

Provided that the Registrar is satisfied that the agent has been duly authorized so to act on behalf of such applicant, person or patentee.

(2) No power of attorney or any form of authorization need be filed at the office or exhibited to the Registrar in connection with any matter or proceeding under these Regulations unless the Registrar otherwise directs.

83. The Registrar may refuse to recognize as agent in respect of any proceedings under this Act a person who neither resides nor maintains a place of business in Malawi.

84. (1) A document purporting to be signed for or on behalf of a partnership shall contain the names of all the partners in full and may be signed by a partner, or by any other person who satisfied the Registrar that he is authorized to sign the document.

(2) A document purporting to be signed for or on behalf of a body corporate shall be signed by a director or by the secretary or other principal officer of the body corporate, or by any other person who satisfied the Registrar that he is authorized to sign the document.

85. Any document lodged in any proceedings before the Registrar may, if the Registrar thinks fit, be amended, and any irregularity in procedure may be rectified on such terms as he may direct.

Lodging of documents.

Power of Registrar to fix time and place of proceedings.

Agency.

Refusal to recognize agent.

Amendment of documents.

111

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

86. (1) Where, under these Regulations, any person is required to do any act or Power of Registrar to waivething, or any document or evidence is required to be produced or lodged, the requirements.

Registrar may, upon the production of such evidence and subject to such terms and conditions as he thinks fit, modify or dispense with the doing of the act or thing or the production or lodging of the document or evidence if he is satisfied that it is reasonable so to do.

(2) The Registrar may allow an application for a patent or a provisional or complete specification, although not in accordance with these Regulations, to be left on such terms and conditions as he thinks fit. In any such case the Registrar shall require the applicant to comply with these Regulations within the time specified by him. Until the prescribed requirements are complied with no further action shall be taken by the Registrar in respect of the application.

87. (1) Where an order relating to a patent has been made by any Court or by the Order of Court or Tribunal.Tribunal, the person in whose favour such order has been made shall forthwith

file at the Office an office copy of such order together with an application in form No. 48.

(2) The specification shall thereupon be amended or the register rectified or the purport of such order shall otherwise be duly entered in the register, as the case may be.

88. The Office shall be open to the public and the register shall be open to Days and Hours of inspection on payment of the fee specified in item 48 of the First Schedule, business. every weekday, except Saturday, between the hours of nine and twelve, and half-past one and half-past three, and on Saturday between the hours of nine and twelve; except on public holidays.

112

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

FIRST SCHEDULE FEES PAYABLE TO THE OFFICE

Item Matter Amount K t

Corresponding Patents Form

Item No.

1 On application for a patent (non convention) 30.00 1

2 On Convention application in respect of each application for protection in a convention country 30.00 2

3 On application for a patent addition 60.00 3

4 On application for a grant a patent of additional instead of an independent patent. 60.00 4

5 On lodging specification:- (a) Provisional (b) Complete

5.00 130.00

5 6

6 For extension of the period for lodging complete specification. 50.00 7

7 On request for the postdating of an application under section 17(1) of the Act. 20.00 8

8 For extension of time under section 20 of the Act. (a) not exceeding one month (b) not exceeding two months (c) not exceeding three months

50.00} 90.00}

100.00} 9

9 For each extension of time under section 21 of the Act. 20.00 10

10. On application for withdrawal of acceptance. 15.00 11

11 On notice of opposition to grant of patent, by objector. 90.00 12

12 On claim under section (23)(1) of the Act for application to proceed in name of claimants. 30.00 13

113

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

FIRST SCHEDULE FEES PAYABLE TO THE OFFICE

Item Matter Amount K t

Corresponding Patents Form

Item No.

13 On application for directions under section 23(5) of the Act. 100.00 14

14 On a request for sealing of a patent 50.00 15

15 On application for extension of the period for requesting the sealing of a patent under proviso (d) to section 25 (a) not exceeding one month (b) not exceeding two months (c) not exceeding three months

50.00} 90.00}

100.00} 16

16 On application for extension of the period for requesting the sealing of a patent under proviso (e) to section 25 (2) of the Act:- (a) not exceeding two months (b) not exceeding three months

50.00} 50.00} 17

17 On application under section 26 of the Act for amendment of patent 50.00 18

18 On application for certificate of payment of renewal fee:- (a) 4th, 5th and 6th year, each year (b) 7th, 8th and 9th year each year (c) 10th and 11th year (d) 12th and 13th year (e) 14th year (f) 15th year (g) 16th year (One-half only of these fees is payable on patents endorsed “Licences of Right”).

35.00} 40.00} 50.00} 60.00} 70.00} 80.00} 90.00} 19

19 On extension of the period for payment of renewal fees: (a) not exceeding one month (b) not exceeding two months (c) not exceeding three months

30.00} 30.00} 30.00} 20

20 Certificate of payment of renewal fee. 21

114

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

FIRST SCHEDULE FEES PAYABLE TO THE OFFICE

Item Matter Amount K t

Corresponding Patents Form

Item No.

21 On application for restoration of lapsed patent:- (a) if made within 1 year of lapsing (b) if made after 1 year of lapsing

130.00} 140.00} 22

22 On notice of opposition to application for restoration of lapsed patent. 90.00 23

23 On application for endorsement of patent “Licences of Right”. 60.00 24

24 On application for settlement of terms of licence under patent endorsed “Licences of Right”. 100.00 25

25 On application by patentee for cancellation of endorsement of patent “Licences of Right” under section 36(1) of the Act.. 60.00 26

26 On application for cancellation of endorsement “Licences of Right” under section 36(2) of the Act.. 60.00 27

27 On notice of opposition to cancellation of endorsement of patent “Licences of Right”. 90.00 28

28 On application for compulsory licence under section 37 of the Act. 100.00 29

29 On application for amendment of provisional specification or of complete specification or of complete specification not yet accepted. 20.00 30

30 On application for amendment of complete specification after acceptance up of sealing:- (a) by applicant (b) after sealing, by patentee

30.00} 40.00} 31

31 Form of advertisement of request to amend specification. 10.00 32

115

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

FIRST SCHEDULE FEES PAYABLE TO THE OFFICE

Item Matter Amount K t

Corresponding Patents Form

Item No.

32 On notice of opposition to amendment by objector. 90.00 33

33 On application for directions under section 47(6) of the Act.. 100.00 34

34 On application for directions under section 47(7) of the Act.. 100.00 35

35 On application under section 48(1) of the Act to determine disputes. 100.00 36

36 On offer to surrender a patent under section 52 of the Act. 10.00 37

37 On notice of opposition to surrender a patent. 90.00 38

38 For altering name, nationality, address or address for service in register, for each patent. 10.00 39

39 On application for registration of an assignment under section 58 of the Act.. 20.00 40

40 On request to enter notice of interest in register. 20.00 41

41 On request to correct a clerical error:- (a) up to sealing. (b)after sealing.

10.00 20.00

42 42

42 On notice of opposition to the correction. of a clerical error. 90.00 43

43 For duplicate of patent. 20.00 44

44 On application for registration of patent agent.. 90.00 45

45 Form of certificate of registration of patent agent. 10.00 46

46 Certificate of service. 10.00 47

116

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

FIRST SCHEDULE FEES PAYABLE TO THE OFFICE

Item Matter Amount K t

Corresponding Patents Form

Item No.

47 Application for entry of order of Court or Tribunal. 10.00 48

48 For inspection of register. 10.00

49 For certifying office copies, MSS, or photographic or printed:- (a) under seal. (b)other.

15.00 10.00

50 For inspection and making copies of documents, in respect of each application of patent. 10.00

51 For typewriting copy of any specification or document, for every 100 words. 1.00

52 For photographic copy of any specification or other documents or drawing, per sheet. Contract price at

reasonable cost as fixed by the Registrar from Time to time.

53 Power to Attorney. 10.00

117

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

SECOND SCHEDULE FORM OF PATENT

To all whom these presents shall come, the President of the Republic of Malawi sends greeting:

Whereas ………………………………………………………………………………. …………………………………………………………………………………………… ………………………………………………………….………………………………… (herein called the “patentee”) has pursuant to the Patents Act, made application for Letters Patent for an invention for …………………….………………………………… and has made a declaration that he is the owner of that invention and that there is no lawful ground of objection to the grant of a patent to him and has by a complete specification fully described and ascertained the said invention.

Now therefore, the President on behalf of the Government of Malawi, does by these Letters Patent give and grant to the patentee special licence, full power, sole privilege and authority that the patentee by himself, his agent or licensees and no others may at all times hereafter during the term herein mentioned make, use, exercise and vend the said invention within Malawi in such manner as to him seems meet, and the patentee shall have and enjoy the whole profit and advantage from time to time occurring by reason of the said invention during the term of Sixteen Years from ………………………………………………………….…………………………………

Provided always that these Letters Patent shall be granted subject to the provisions of the said Act.

In witness whereof the President caused these Letters to be made Patent and to be sealed as of the …………………………………… day of ……………………………………… Two thousand and …………………………….

Dated this ……………………. Day of …………………………….. 200…

……………………………………………. Registrar of Patents

118

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

THIRD SCHEDULE FORMS

Form Matter Corresponding fee Item No.

1. Application for a patent 1 2. Convention application for a patent 1 3. Application for a patent of addition 3

4. Application for the grant of a patent of addition instead of an independent patent. 4

5. Provisional specification - 6. Complete specification 5 7. Application for extension of time for lodging a complete specification 6 8. Request for the post-dating of an application 7

9. Application for extension of time for acceptance of a complete . specification. 8

10. Request for postponement of acceptance of complete specification 9

11. Application for withdrawal of acceptance. 10

119

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

THIRD SCHEDULE FORMS

Form Matter Corresponding fee Item No.

12. Notice of opposition to grant of patent 11

13. Claim under section 23(1) of the Act to proceed as an applicant or co-applicant. 12

14. Application for directions under section 23(5) of the Act as to proceed with an application for a patent in case of dispute. Between joint applicants. 13

15. Request for the sealing of a patent. 14

16. Application under proviso (d) to section 25(2) of the Act for extension of the period for making a request for sealing of a patent. 15

17. Application under proviso (e) to section 25(2) of the Act for an extension of the period for making a request for the sealing of a patent. 16

18. Application under section 26 of the Act for the amendment of a patent. 17

19. Payment of renewal fee 18 20. Application for extension of the period for payment of renewal fee. 19 21. Certificate of payment of renewal fee. - 22. Application for the restoration of a lapsed patent. 21

22. Notice of opposition to an application for the restoration of a lapsed patent. 22

24. Voluntary application for endorsement of patent “Licences of Right”. 23

25. Application under section 35(2)(a) or (b) of the Act for settlement of terms of licence under patent endorsed “Licences of Right”. 24

26. Application under section 36(1) of the Act by patentee for cancellation of endorsement of a patent “Licences of Right”. 25

27. Application under section 36(2) of the Act by any person interested for cancellation of endorsement of patent “Licences of Right”. 26

28. Notice of opposition by patentee or by any person interested for cancellation of endorsement of a patent “Licences of Right”.. 27

120

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

THIRD SCHEDULE FORMS

Form Matter Corresponding fee Item No.

29. Application for compulsory licence under section 37 of the Act. 28

30. Application under section 43 of the Act for amendment of a provisional specification or of a complete specification not yet. accepted. 29

31. Application under section 43 of the Act for amendment of complete specification after acceptance. 30

32. Form of advertisement of request to amend specification. 31

33. Notice of opposition to amendment of specification under section 43(5) of the Act.. 32

34. Application for directions under section 47(6) of the Act. 33 35. Application for directions under section 47(7) of the Act. 34

36. Application under section 48(1) of the Act to determine a dispute between employer and employee as to rights in an invention.. 35

37. Offer to surrender a patent under section 52 of the Act. 36

38. Notice of opposition under section 52 of the Act to offer to surrender a patent. 37

39. Request for alteration of a name or nationality or an address or an address for service in the register of patents. 38

40. Application for registration of assignment. 39

41. Request to enter in the register of patents a notice of an interest in a patent. 40

42. Request for correction of clerical error. 41 43. Notice of opposition to the correction of a clerical error. 42 44. Application for duplicate of Letters Patent. 43

45. Application for registration as a patent agent under section 68 of the Act. 44

46. Certificate of registration of patent agent. - 47. Certificate of service. - 48. Application for entry or order of Court or Tribunal. 47 49. Form of advertisement - general. -

121

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 1 Sections 11 and 12

Regulation 3(1) PATENTS ACT

(CAP. 49:02) Fee :K30

Application for a Patent (Non-Convention)

I/We (1) ………………………………………………………………………………….. ……………………………………………………………………………………………. …….…………………………………………………………………………………. …………………………………………………………………………………………… ………………………………………………………….………………………………… being a national/nationals of ………………………………………………….. do hereby declare that I am/we are the owner)s) of an invention in respect of Malawi (2) by having invented it/by having acquired it by assignment, which invention is described in the accompanying (2) provisional/complete specifications under the title (3) ……………………………………………………..…………………………………

that (2) I am/we are the assignee(s)/legal representative(s) of (4) ………………………………………………………….………………………………… …………………………………………………………………………………………… who claim(s) to be the inventor(s) thereof, and that to the best of my/our knowledge and belief there is no lawful ground of objection to the grant of a patent to me/us for the invention. ………………………………………………………….…………………………………

Dated this ……………………. Day of …………………………….. 200…

(5) ……………………………………………. …………………………………………….

My/Our address for service in Malawi:- ……………………………………………. …………………………………………….

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State full name and address of applicant(s).

(2) Delete if not applicable.

(3) Here insert title of invention.

(4) Here insert name(s) of inventor(s).

(5) To be signed by the applicant(s) or his/their agent.

122

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 2 Sections 8, 11 and 12

Regulation 3(2) PATENTS ACT

(CAP. 49:02) Fee :K30

Convention Application for a Patent

I/We (1) ………………………………………………………………………………….. ……………………………………………………………………………………………. ………………………………………………………….………………………………… being a national/nationals of ………………………………………………….. do hereby declare that I am/we are the owner)s) of an invention in respect of Malawi (2) by having invented it/by having acquired it by assignment, which invention is entitled (3) ……………………………………………………..…………………………………

and which invention is described in the accompanying complete specification, and that (2) I am/we are the assignee(s)/legal representative(s) of (4) ………………………………………………………….………………………………… …………………………………………………………………………………………… who claim(s) to be the inventor(s) thereof, that an application or applications for protection for the invention or inventions has or have been made in the following country or countries and on the following effective date or date, namely:-

in (5) ………………………………… on (6) …………………………………………… number (7) ……………………………….

in (5) ………………………………… on (6) …………………………………………… number (7) ……………………………….

in (5) ………………………………… on (6) …………………………………………… number (7) ………………………………. and that the said application or each of the said applications was the first application in a convention country in respect of the relevant invention by me/us or by any person from whom I/We derive title, and that the application(s) in the above-mentioned country/countries qualify under (8) Article 2/3 of the Convention by reason of being (8) a national of/domiciled in/having a place of business in a member state, namely ………………………………………………………….………………………………… and that I/We qualify under the said Article 2/3 by reason of being (8) a national of/domiciled in/having a place of business in a member state, namely ………………………………………………………………………………………….. and that to the best of my/our knowledge and belief there is no lawful ground of objection to the grant of a patent to me/us on this application and that I/We pray that a patent may be granted to me/us for the invention in priority to other applicants, and that such patent shall have the date (6) ………………………………………….. and (8)I/We declare the said invention(s) is/are an improvement in or modification of

(1) State full name and address of applicant(s).

(2) Delete not applicable.

(3) Here insert title of invention.

(4) Here insert name(s) of inventor(s).

(5) Here insert the name of the convention country in which the first application was made

(6)Here insert the official date of the first application in a convention country.

(7) Here insert official number of first application in convention country.

(8) Delete whichever does not apply.

(9) Insert number of main patent or patent application.

(10) To be signed by the applicant(s) or his/their agent.

123

my/our invention for which a patent was applied for/granted number No.(9) …………………………………. And (8) I/We pray that a patent may be granted to me/us for the said invention(s) as a patent of addition and request that the term of such further patent may be the same as that of the patent for the main invention or so much of that term as is unexpired.

Dated this ……………………. Day of …………………………….. 200…

(10) ……………………………………………. …………………………………………….

My/Our address for service in Malawi:- ……………………………………………. …………………………………………….

The Registrar The Patent Office P.O. Box 100 BLANTYRE

124

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 3 Sections 11, 12 and 31(1)

Regulation 3(3) PATENTS ACT

(CAP. 49:02) Fee :K30

Application for a Patent of Addition

I/We (1) ………………………………………………………………………………….. ……………………………………………………………………………………………. ………………………………………………………….………………………………… being a national/nationals of ………………………………………………….. do hereby declare that I am/we are the owner(s) of an invention the title which is (2) ……………………………………………………..…………………………………

and that I am/we are the (3) assignee(s)/legal representative(s) of (4) ………………………………………………………….………………………………… who claim(s) to be the inventor(s) thereof; that the said invention is an improvement in or modification of my/our invention for which a patent was applied for/granted under number (5) ……………………………………………. That to the best of my/our knowledge and belief there is no lawful ground of objection to the grant of a patent to me/us on this application and I/We pray that a patent may be granted to me/us for the said invention as a patent of addition and request that the term of such further patent may be the same as that of the patent for the main invention or so much of that term as is unexpired.

Dated this ……………………. Day of …………………………….. 200…

(6) ……………………………………………. …………………………………………….

My/Our address for service in Malawi:- ……………………………………………. …………………………………………….

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State full name and address of applicant(s).

(2) Here insert title of invention.

(3) Delete if not applicable

(4) Here insert name(s) of inventor(s).

(5) Here insert number of main patent or patent application.

(6) To be signed by the applicant(s) or his/their agent.

125

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 4 Sections 11, 12 and 31(2)

Regulation 3(4) PATENTS ACT

(CAP. 49:02) Fee :K60

Application for the Grant of a Patent of Addition instead of an Independent Patent

I/We (1) ………………………………………………………………………………….. ……………………………………………………………………………………………. ………………………………………………………….………………………………… being a national/nationals of ………………………………………………….. hereby request that patent No. …………………………………………… of which I am/we are the patentee(s) be revoked and that instead thereof a patent of addition to patent No. ………………………………………………… of which I am/we are also the patentee(s) be granted to me/us, such patent of addition to bear the same date as the patent so revoked.

Dated this ……………………. Day of …………………………….. 200…

(2) ……………………………………………. …………………………………………….

My/Our address for service in Malawi:- ……………………………………………. …………………………………………….

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State full name and address of patentee(s)

(2) To be signed by patentee(s) or his/their agent.

126

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 5 Regulation 3(4)

PATENTS ACT (CAP. 49:02)

Fee :K 5

Provisional Specification

(1) ……………………………………………………………………………………….. ……………………………………………………………………………………………. ………………………………………………………….………………………………… (2) I/We ………………………………………………………………………………….. ……………………………………………………………………………………………. ………………………………………………………….………………………………… ……………………………………………………………………………………………. ………………………………………………………….………………………………… ……………………………………………………………………………………………. do hereby declare this invention to be described in the following statement: ………………………………………………………….………………………………… (3) …………………………………………………….………………………………… ……………………………………………………………………………………………. ………………………………………………………….………………………………… ……………………………………………………………………………………………. ………………………………………………………….………………………………… ……………………………………………………………………………………………. ………………………………………………………….………………………………… ……………………………………………………………………………………………. ………………………………………………………….………………………………… ……………………………………………………………………………………………. ………………………………………………………….………………………………… ……………………………………………………………………………………………. ………………………………………………………….………………………………… ……………………………………………………………………………………………. ………………………………………………………….………………………………… ……………………………………………………………………………………………. ………………………………………………………….…………………………………

(1) State title verbally agreeing with that in the application form.

(2) State full name, description and address of applicant(s) as in application form.

(3) Here begin description of the invention. The continuation of the specification should be upon paper of foolscap size on one side only, with the lines well spaced and with a margin of one inch and a half on the left hand part of the paper. The specification must be signed by the applicant(s) or his/their agent on the last sheet and dated (thus): “Dated this …… day of ………… 200…

127

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 6 Regulation 3(5)

PATENTS ACT (CAP. 49:02)

Fee :K 130

Complete Specification (To be furnished in duplicate)

(1) ……………………………………………………………………………………….. ……………………………………………………………………………………………. ………………………………………………………….………………………………… (2) I/We ………………………………………………………………………………….. ……………………………………………………………………………………………. ………………………………………………………….………………………………… ……………………………………………………………………………………………. ………………………………………………………….………………………………… ……………………………………………………………………………………………. do hereby declare this invention, the manner in which and the method by which it is to be performed, to be particularly described and ascertained in and by the following statement:-……………………………………….………………………………… (3) …………………………………………………….………………………………… ……………………………………………………………………………………………. ………………………………………………………….………………………………… ……………………………………………………………………………………………. ………………………………………………………….………………………………… ……………………………………………………………………………………………. ………………………………………………………….………………………………… ……………………………………………………………………………………………. ………………………………………………………….………………………………… ……………………………………………………………………………………………. ………………………………………………………….………………………………… ……………………………………………………………………………………………. ………………………………………………………….………………………………… ……………………………………………………………………………………………. ………………………………………………………….………………………………… NOTE: The claims must relate to single invention, must be clear and succinct and must be fairly based on the matter disclosed in the specification. They should form in brief a clear statement of that which constitutes the invention. Applicants should be careful that their claims include neither more nor less than they desire to protect by their patent. Any unnecessary multiplicity of claim or prolixity of language should be avoided. Claims should not be made for the efficiency or advantages of the invention.

(1) State title verbally agreeing with that in the application form.

(2) State full name, description and address of applicant(s) as in application.

(3) Here begin full description of invention. The continuation of the specification should be upon paper of foolscap size on one side only with the lines well spaced and with a margin of one inch and half on the left hand part of the paper. The completion of the description should be followed by the words “Having now particularly described and ascertained my/our said invention and in what manner the same is to be performed, I/we declare that what I/we claim is after which should be written the claim or claims numbered consecutively) (see note below). The specification and the duplication thereof must be signed by the applicant(s) or his/their agent on the last sheet and dated (thus): “Dated this day of …………. 200…

128

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 7 Section 13(2) Regulation 9

PATENTS ACT (CAP. 49:02)

Fee :K50

Application for Extension of Time for lodging a Complete Specification

I/We (1) ………………………………………………………………………………….. ……………………………………………………………………………………………. hereby in respect of application No. ………………………… , request an extension of time until …………………………………, in which to lodge a complete specification.

Dated this ……………………. Day of …………………………….. 200…

(2) ……………………………………………. …………………………………………….

My/Our address for service in Malawi:- ……………………………………………. …………………………………………….

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State name and address of applicant(s).

(2) To be signed by applicant(s) or his/their agent.

129

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 8 Section 17(1)

Regulation 10 PATENTS ACT

(CAP. 49:02) Fee :K20

Request for the Post-dating of an Application

I/We (1) ………………………………………………………………………………….. ……………………………………………………………………………………………. hereby request that application No. ……………………….. lodged on the …………………… day of ……………………….. 200………, be deemed to have been made on the following date, namely, the ………………… day of ……………………… 200………………..

Dated this ……………………. Day of …………………………….. 200…

(2) ……………………………………………. …………………………………………….

My/Our address for service in Malawi:- ……………………………………………. …………………………………………….

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State name and address of applicant(s).

(2) To be signed by applicant(s) or his/their agent.

130

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 9 Section 20(1)

Regulation 20 PATENTS ACT

(CAP. 49:02) Fee :Item 8.

Application for Extension of Time for Acceptance of a Complete Specification

I/We hereby apply for …………………………………………………………….. ……………………………………………………………………………………………. Months’ extension of time for acceptance of the complete specification upon application No. ………………………………….. dated ……………………………………………

Dated this ……………………. Day of …………………………….. 200…

(1) ……………………………………………. …………………………………………….

My/Our address for service in Malawi:- ……………………………………………. …………………………………………….

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) To be signed by applicant(s) or his/their agent.

131

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 10 Section 21(21) Regulation 21

PATENTS ACT (CAP. 49:02)

Fee :K20

Request for Postponement of Acceptance of Complete Specification

I/We hereby request a postponement of an acceptance of the complete specification of application No. ……………………………….. dated ………………………………. To a date not later than the expiration of …………………………………… months form the date of lodging of the application.

Dated this ……………………. Day of …………………………….. 200…

(1) ……………………………………………. …………………………………………….

My/Our address for service in Malawi:- ……………………………………………. …………………………………………….

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) To be signed by the applicant(s) or his/their agent.

132

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 11 Regulation 22(2)

PATENTS ACT (CAP. 49:02)

Fee :K15

Application for Withdrawal of Acceptance

I/We (1) ………………………………………………………………………….. …………………………………………………………………………………………. ………………………………………………………………………………………… Apply for withdrawal of the acceptance of the specification of patent application No. ………………………………..

My/our reasons for desiring such withdrawal are as follows:-

(2) ……………………………………………………………………………. ………………………………………………………………………………………… …………………………………………………………………………………………. ………………………………………………………………………………………… …………………………………………………………………………………………. …………………………………………………………………………………………

Dated this ……………………. Day of …………………………….. 200…

(3) ……………………………………………. …………………………………………….

My/Our address for service in Malawi:- ……………………………………………. …………………………………………….

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State name and address of applicant(s).

(2) The circumstances and grounds must be stated in full

(3) To be signed by the applicant(s) or his/their agent.

133

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 12 Regulation 22(2)

PATENTS ACT (CAP. 49:02)

Fee :K15

Notice of Opposition to Grant of Patent

I/We (1) ………………………………………………………………………….. …………………………………………………………………………………………. ………………………………………………………………………………………… hereby give notice of opposition to the grant of Letters Patent upon application No. .……………………………….. applied for by …………………………………………………………………………………………. …………………………………………………………………………………………

upon the ground (2) ………………………………………………………………… …………………………………………………………………………………………. ………………………………………………………………………………………… …………………………………………………………………………………………. …………………………………………………………………………………………

Dated this ……………………. Day of …………………………….. 200…

(3) ……………………………………………. …………………………………………….

My/Our address for service in Malawi:- ……………………………………………. …………………………………………….

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State full and address.

(2) State upon which of the grounds of opposition permitted by section 22 the grant is opposed and identified all specifications and other publications relied upon.

(3) To be signed by objector(s) or his/their legal practitioner

134

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 13 Section 23(1)

Regulation 31(1) PATENTS ACT

(CAP. 49:02) Fee :K30

Claim under section 23(1) of the Act to proceed as an Applicant or Co-applicants

I/We (1) ………………………………………………………………………….. …………………………………………………………………………………………. ………………………………………………………………………………………… Hereby request that patent application No. (2) …………………………………………. dated……………………………………………………………………………………… … made by (3) ………………………………..……………………………………… …………………………………………………………………………………………. may proceed in the name(s) of (4) …………………………………………………… …………………………………………………………………………………………. ………………………………………………………………………………………… I/We claim to be entitled to proceed as applicant(s) for the patent by virtue of (5) …………………………………………………………………………………………. ………………………………………………………………………………………… And in proof whereof I/we transmit the accompanying (6) …………………………………………………………………………………………. ………………………………………………………………………………………… (7) ……………………………………………………………………………………… …………………………………………………………………………………………. I/We (8)…………………………………………………………………………………………. ………………………………………………………………………………………… …consent to the above request.

(3) ……………………………………………. …………………………………………….

My/Our address for service in Malawi:- ……………………………………………. …………………………………………….

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State name of claimant(s).

(2) State the number and date of the application for patent.

(3) State name of applicant(s) for patent

(4) Here insert name, address, and nationality of the person or persons in whose name(s) it is requested that the application shall proceed.

(5)Give the particulars of such documents, giving its date and the parties to the same, and showing how the claim here made is substantiated.

(6) State the nature of the document. The certified copy should be written, typewritten or printed on foolscap paper.

(7) To be signed by claimant(s) or his/their agent.

(8) To be signed by the applicant(s) or his/their agent.

135

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 14 Section 23(5)

Regulation 32 PATENTS ACT

(CAP. 49:02) Fee :K100

Application for Directions under section 23(5) of the Act as to proceeding with an Application for a Patent in Case of Dispute between Joint Applicants

I(1) ………………………………………………………………………….. …………………………………………………………………………………………. ………………………………………………………………………………………… Being a joint applicant with (2) …………………………………………………………………………………………. ………………………………………………………………………………………… in he application for a patent No. ………………………………… hereby declare that a dispute has arisen between us and request that an order of the Registrar be made giving directions for enabling the application to proceed.

Particulars of the matter in dispute are given in the annexed statement setting out the facts upon which I rely and the relief which I seek.

Dated this ……………………. Day of …………………………….. 200…

(3) ……………………………………………. …………………………………………….

My/Our address for service in Malawi:- ……………………………………………. …………………………………………….

NOTE: The application must be accompanied by a statement of case and by copies of the application and statement as required by Regulation 32.

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State full name and address.

(2) State name and address of other applicant(s).

(3) To be signed by applicant or his agent.

136

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 15 Section 25(1)

Regulation 33 PATENTS ACT

(CAP. 49:02) Fee :K50

Request for the sealing of a Patent

I/We (1) ………………………………………………………………………….. …………………………………………………………………………………………. ………………………………………………………………………………………… Request that a patent my be sealed on my/our application No. ……………………….. of 200……, and I/we hereby transmit the prescribed fee for sealing, and further request that the following may be entered on the register as my/our address for service in Malawi. …………………………………………………………………………………………. …………………………………………………………………………………………

Dated this ……………………. Day of …………………………….. 200…

(2) ……………………………………………. ……………………………………………. …………………………………………….

My/Our address for service in Malawi:- ……………………………………………. …………………………………………….

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State name of applicant(s)

(2) To be signed by the applicant(s) or his/their agent.

137

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 16 Section 25(2)

Regulation 34(1) PATENTS ACT

(CAP. 49:02) Fee: Item 15

Application under proviso (d) to section 25(2) of the Act for Extension of the period for making a Request for Sealing of a Patent.

I/We hereby apply for ………………………………… month’s extension of time for the sealing of a patent upon application No. ……………………………………. dated …………………………………………………………………………………………….

Dated this ……………………. Day of …………………………….. 200…

(1) ……………………………………………. ……………………………………………. …………………………………………….

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) To be signed by the applicant(s) or his/their agent.

138

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 17 Section 25(2)

Regulation 34(12) PATENTS ACT

(CAP. 49:02) Fee Item 16

Application under proviso (d) to section 25(2) of the Act for Extension of the period for making a Request for Sealing of a Patent.

I/We hereby apply for (1) ……………………… months’ extension of the period for the sealing of a patent upon application No. …………………………… The circumstances and the grounds upon which the extension is applied for are as follows:-

(2) ……………………………………………………………………………………….. …………………………………………………………………………………………….

I/We hereby declare that:-

(a) an extension of time of three months for making a request for sealing has been allowed under proviso (d) to section 25(2) of the Act and has not yet expired.

(b) An extension of time of ………………………………… months for making a request for sealing has been allowed under proviso (e) to section 25 (2) of the Act and has not yet expired.

Dated this ……………………. Day of …………………………….. 200…

(3) ……………………………………………. ……………………………………………. …………………………………………….

My/Our address for service in Malawi:- ……………………………………………. …………………………………………….

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) Not more than six months’ extension may be applied for at one time.

(2) The circumstances and grounds must be stated in detail.

(a) and (b) Delete the words which are not applicable.

(3) To be signed by the applicant(s) or his/their agent.

139

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 18 Section 26

Regulation 36 PATENTS ACT

(CAP. 49:02) Fee K50

Application under section 26 of the Act for the Amendment of a Patent

I/We (1) …………………………………………………………………………………. hereby request that Letters Patent No. …………………………………………………… ……………………………………………………………………………………………. may be amended by substituting the name of (2) …………………..…………………… ……………………………………………………………………………………………. for the name of the grantee.

Dated this ……………………. Day of …………………………….. 200…

(3) ……………………………………………. ……………………………………………. …………………………………………….

My/Our address for service in Malawi:- ……………………………………………. …………………………………………….

NOTE: Application to be accompanied by evidence verifying the statements made therein and by the Letters Patent.

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State name and address.

(2) State name and address of person to whom patent should have been granted.

(3) To be signed by the applicant(s) or his/their agent.

140

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 19 Section 30(4)

Regulations 37, 47 PATENTS ACT

(CAP. 49:02) Fee Item 18

Payment of Renewal Fee

I/We (1) ……………………………………………………………………….

Hereby transmit the fee prescribed for the continuation in force of (2) Patent No. ………………………………. for a further period of ……………………………. And request that the Certificate of Payment may be sent to me/us at (3) …………………………………………………………………………………………… ……………………………………………………………………………………………

Dated this ……………………. Day of …………………………….. 200…

NOTE: If the address given above is not that entered in the register as the patentee’s address for service and it is desired to amend the entry in the register, application therefore must be made in Patents Form No. 39.

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State name of person(s) tending the fee.

(2) Here insert name of patentee(s).

(3) Here insert full address to which certificate is to be sent.

141

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 20 Section 30(4)

Regulation 39 PATENTS ACT

(CAP. 49:02) Fee Item 19

Application for Extension of the Period for Payment of Renewal Fee

I/We hereby apply for an extension of …………………………………………….. month(s) of the period prescribed for payment of the …………………………………… years renewal fee upon my/our Patent No. ………………………………………………

(1) ………………………………………………… (1) Here insert ……………………………………………………… name and full

address to which……………………………..……………………… receipt is to be sent

Dated this ……………………. Day of …………………………….. 200…

(2) To be signed by(2) ………………………………………………… the applicant(s) or……………………………………………………… his/their agent.

……………………………..………………………

The Registrar The Patent Office P.O. Box 100 BLANTYRE

142

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 21

Regulation 40 PATENTS ACT

(CAP. 49:02)

Certificate of Payment of Renewal Fee

Letters Patent No. ………………………………..

This is to certify that …………………………………………………………….. did this ………………………….. day of ……………………………………….., 2000……. make the prescribed payment of K ……………………………………… in respect of a period of ………………………………………….. from ………………………………..

………………………… Registrar of Patents

The Patent Office P.O. Box 100 BLANTYRE

143

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 22 Section 33

Regulation 41 PATENTS ACT

(CAP. 49:02) Item 31

Application for the Restoration of a Lapsed Patent

I/We …..………………………………………………………………………… of …………………………………………………………………………………………. being the owner(s) of Patent No. ……………………………………………………….. hereby apply for an order for the restoration of the said patent.

The circumstances which have led to the failure to pay the renewal fee (1) …………………………….. on or before the (2) ……………………………………….. are as follows:- (3) ……………………………………………………………………….. ……………………………………………………………………………………………. ……………………………………………………………………………………………. ……………………………………………………………………………………………. ……………………………………………………………………………………………. …………………………………………………………………………………………….

Dated this ……………………. Day of …………………………….. 200…

(4) ……………………………………………….. ………………………………………………..

My/Our address for service in Malawi ……………………………………………….. ………………………………………………..

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) Here state amount of fee.

(2) State last day when fee was due.

(3) State circumstances. The application must be accompanied by one or more affidavits setting out fully all the material facts on which the applicant(s) base(s) his/their case.

(4) (To be signed by the applicant(s) or his/their agent.

144

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 23 Section 33(4)

Regulation 42 PATENTS ACT

(CAP. 49:02) Fee: K90

Notice of Opposition to an Application for the Restoration of a Lapsed Patent

I/We (1) …..………………………………………………………………………… …………………………………………………………………………………………. hereby give notice of opposition to the application for restoration of Patent No. …………………………………………………………… for the following reasons (2) ………………………………. ……………………………………………………………………………………………. ……………………………………………………………………………………………. ……………………………………………………………………………………………. …………………………………………………………………………………………….

Dated this ……………………. Day of …………………………….. 200…

(3) ……………………………………………….. ………………………………………………..

My/Our address for service in Malawi ……………………………………………….. ………………………………………………..

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) Here state full name and address of objector(s).

(2) Here state reasons for opposition. The notice must be accompanied by a copy thereof together with a statement, in duplicate, setting our fully the nature of the objector’s(s) interest and the facts upon which he relies/they rely.

(3) To be signed by the objector(s) or his/their agent.

145

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 24 Section 35(1)

Regulation 44 PATENTS ACT

(CAP. 49:02) Fee: K60

Voluntary Application for Endorsement of Patent “Licences of Right”

I/We (1) …..………………………………………………………………………… (1) State name and …………………………………………………………………………………………. address of

Patentee(s).being the owner(s) of Patent No. …………………………………………………. Hereby request that the said patent may be endorsed “Licences of Right”, I am/we are not precluded by contact from granting licences under the patent.

Dated this ……………………. Day of …………………………….. 200…

(2) ……………………………………………….. (2) To be signed by ……………………………………………….. the patentee(s) or

his/their agent.

My/Our address for service in Malawi ……………………………………………….. ………………………………………………..

NOTE: The application must be accompanied by evidence verifying the statement in the application and by the Letters Patent.

The Registrar The Patent Office P.O. Box 100 BLANTYRE

146

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 25 Section 35(2)

Regulation 45 PATENTS ACT

(CAP. 49:02) Fee: K100

Application under section 35(2)(a) or (b) of the Act Settlement of Terms of Licence under Patent endorsed “Licences of Right”

I/We (1) …..………………………………………………………………………… …………………………………………………………………………………………. hereby apply for settlement of the terms of a licence to be granted under Patent No. …………………………………………………………………………………………..

I am/We are the:-

(a) patentee(s); (b) person(s) requiring a licence (c) holder(s) of a licence under the patent granted before

endorsement.

I/We (d) request that an order may be made entitling me/us to exchange my/our existing licence for a licence to be granted upon the terms as settled.

Dated this ……………………. Day of …………………………….. 200…

(2) ……………………………………………….. ………………………………………………..

My/Our address for service in Malawi ……………………………………………….. ………………………………………………..

NOTE: The application must be accompanied by a copy thereof and a statement of case in duplicate.

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State name and address of applicant(s).

(a), (b) and (c) Delete the two categories not applicable.

(d) Delete if the applicant(s) is/are not the holder(s) of a licence.

(2) To be signed by the applicant(s) or his/their agent.

147

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 26 Section 36(1)

Regulation 47 PATENTS ACT

(CAP. 49:02) Fee: K60

Application under section 36(1) of the Act by Patentee for Cancellation of Endorsement of a Patent “Licences of Right”

I/We (1) …..………………………………………………………………………… …………………………………………………………………………………………. being the owner(s) of Patent No. …………………………………………………., hereby request that the endorsement of the said patent as “Licences of Right” may be cancelled, and I/we enclose Patents Form No. 19 bearing the balance of all renewal fees which would have been payable if the patent had not been endorsed.

I/We declare (a) that there is no existing licence under the patent: or (b) all the licensees consent to this application.

Dated this ……………………. Day of …………………………….. 200…

(2) ……………………………………………….. ………………………………………………..

My/Our address for service in Malawi ……………………………………………….. ………………………………………………..

NOTE: The application must be accompanied by evidence in support of the application.

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State name and address of patentee(s).

(a), (b) Delete whichever is not applicable.

(2) To be signed by the patentee(s) or his/their agent

148

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 27 Section 36(2)

Regulation 48 PATENTS ACT

(CAP. 49:02) Fee: K60

Application under section 36(2) of the Act by any Person interested for Cancellation of Endorsement of Patent “Licences of Right”

I/We (1) …..………………………………………………………………………… …………………………………………………………………………………………. hereby claim that the endorsement of Patent No. ……………………………………. “Licences of Right” is and was at the time of the endorsement contrary to a contract in which I am/we are interested and I/we request that such endorsement may be cancelled.

Dated this ……………………. Day of …………………………….. 200…

(2) ……………………………………………….. ………………………………………………..

My/Our address for service in Malawi ……………………………………………….. ………………………………………………..

NOTE: The application must be completed in duplicate and accompanied by a statement of case in duplicate.

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State name and address of applicant(s).

(2) To be signed by the applicant(s) or his/their agent.

149

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 28 Section 36(5)

Regulation 49 PATENTS ACT

(CAP. 49:02) Fee: K90

Notice of Opposition by Patentee or by any Person interested to Cancellation of Endorsement of a Patent “Licences of Right”

I/We (1) …..………………………………………………………………………… …………………………………………………………………………………………. hereby give notice of opposition to the application for the cancellation of the endorsement “Licences of Right” in respect of Patent No.

Dated this ……………………. Day of …………………………….. 200…

(2) ……………………………………………….. ………………………………………………..

My/Our address for service in Malawi ……………………………………………….. ………………………………………………..

NOTE: The application must be completed in duplicate and accompanied by a statement of case in duplicate.

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State name and address of opponent(s).

(2) To be signed by the opponent(s) or his/their agent.

150

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 29 Section 37)

Regulation 50 PATENTS ACT

(CAP. 49:02) Fee: K100

Application for Compulsory Licence under section 37 of the Act

I/We (1) …..………………………………………………………………………… …………………………………………………………………………………………. hereby apply for an order of the Tribunal for a licence to be granted to me/use in respect of Patent No. ……………………………….. for the following reasons (2) ………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… ……………………………………………………………………………………………

Dated this ……………………. Day of …………………………….. 200…

(3) ……………………………………………….. ………………………………………………..

My/Our address for service in Malawi ……………………………………………….. ………………………………………………..

NOTE: The application must be accompanied by evidence verifying the statements set out in the application.

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State name and address of applicant(s).

(2) State the nature of the applicant’s(s’) interest, the facts upon which he relies/they rely and the grounds upon which the application is made.

(3) To be signed by the applicant(s) or his/their legal practitioner.

151

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 30 Section 43

Regulation 54 PATENTS ACT

(CAP. 49:02) Fee: K20

Application under section 43 of the Act for Amendment of a Provisional Specification or of a Complete Specification not yet accepted

I/We (1) …..………………………………………………………………………… …………………………………………………………………………………………. seek leave to amend the provisional/complete specification of Patent Application No. …………………………………………. as shown in red ink in the certified copy of the original specification hereunto annexed.

My/Our reasons for making this amendment are in detail as follows: ………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… ……………………………………………………………………………………………

Dated this ……………………. Day of …………………………….. 200…

(3) ……………………………………………….. ………………………………………………..

My/Our address for service in Malawi ……………………………………………….. ………………………………………………..

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State full name and address of applicant(s).

(2) State full particulars of the reasons for seeking amendment.

(3) To be signed by the applicant(s) or his/their agent.

152

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 31 Section 43

Regulation 55 PATENTS ACT

(CAP. 49:02) Fee: Item 30

Application under section 43 of the Act for Amendment of Complete Specification after Acceptance

I/We (1) …..………………………………………………………………………… …………………………………………………………………………………………. seek leave to amend the specification of Letters Patent No. ……………………………………………………… as shown in red ink in the certified copy of the original specification hereunto annexed.

I/We (2) ………………………………………………………….. declare that no action for infringement or proceedings for the revocation of the Letters Patent in question are pending.

My/Our reasons for making this amendment are as follows: (3) ……………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… ……………………………………………………………………………………………

Dated this ……………………. Day of …………………………….. 200…

(4) ……………………………………………….. ………………………………………………..

My/Our address for service in Malawi ……………………………………………….. ………………………………………………..

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) Here state full name and address of applicant(s).

(2) These words are to be struck out when Letters Patent have not been sealed.

(3) State full particulars of the reasons for making amendment.

(4) To be signed by applicant(s) or patentee(s) or his/their agent.

153

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 32 Section 43

Regulation 55 PATENTS ACT

(CAP. 49:02) Fee: K10

(Form of advertisement of request to amend specification) Application to amend Specification)

I/We (1) …..………………………………………………………………………… …………………………………………………………………………………………. seek leave to amend by way of (2) ……………………………………………………… The specification of Letters Patent/Application No. …………………………………………………………………………………………… for (3) …………………………………………………………………………………………… A copy of the original specification, showing in red ink the proposed amendment, is now open to public inspection at the Patent Office.

A notice of opposition (in Form No. 33) may be filed at the Patent Office within three months from the date of this advertisement.

Dated this ……………………. Day of …………………………….. 200…

(4) ……………………………………………….. ………………………………………………..

My/Our address for service in Malawi ……………………………………………….. ………………………………………………..

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State full name and address of applicant(s).

(2) State whether by way of disclaimer, correction or explanation.

(3) Title of invention.

(4) to be signed by applicant(s) or his/their agent.

154

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 33 Section 43(5)

Regulation 57 PATENTS ACT

(CAP. 49:02) Fee: K90

Notice of Opposition to Amendment of Specification under section 43(5) of the Act

I/We (1) …..………………………………………………………………………… …………………………………………………………………………………………. hereby give notice of opposition to the proposed amendment of the specification of Letters Patent/Patent Application No. …………………………………………………………………………………………… for the following reasons:- (2) ……………………………………………………… ……………………………………………………………………………………………. ……………………………………………………………………………………………. ……………………………………………………………………………………………. …………………………………………………………………………………………….

Dated this ……………………. Day of …………………………….. 200…

(3) ……………………………………………….. ………………………………………………..

My/Our address for service in Malawi ……………………………………………….. ………………………………………………..

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State full name and address of objector(s).

(2) Here state reasons of opposition.

(3) To be signed by objector(s) or his/their agent.

155

LAWS OF MALAWI

Patents Cap. 49:02 (Subsidiary) Patents Regulations

MALAWI

Patents Form No. 34 Section 47

Regulation 59 PATENTS ACT

(CAP. 49:02) Fee: K100

Application for Directions under section 47(6) of the Act

I/We (1) …..………………………………………………………………………… …………………………………………………………………………………………. hereby apply for the following directions in respect of Patent No. (2) ……………………………………………………………………………………………. ……………………………………………………………………………………………. ……………………………………………………………………………………………. …………………………………………………………………………………………….

Dated this ……………………. Day of …………………………….. 200…

(3) ……………………………………………….. ………………………………………………..

My/Our address for service in Malawi ……………………………………………….. ……………………………………………….. ……………………………………………….. ………………………………………………..

NOTE: The application must be accompanied by a statement of case and by copies of the application and statement as required by regulation 59.

The Registrar The Patent Office P.O. Box 100 BLANTYRE

(1) State name and address of patentee(s).

(2) State the directions sought.

(3) To be signed by the patentee(s) seeking directions or his/their agent.

156

Малави

MW017

Patents Regulations