Rule
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THE PATENTS TRIBUNAL RULES
ARRANGEMENT OF RULES
PART I
PRELIMINARY
Title
Interpretation
PART II
ApPEALS Entry of appeal Application for an extension of time in which to appeal Notice of hearing Evidence Attendance of witnesses Security on appeal Abandonment or failure to prosecute appeal Frivolous or vexatious appeals
PART III
ApPLICATIONS AND OPPOSITIONS
Application for extension of patent
Application for compulsory licence in respect of patents
relating to food or certain other commodities Dispute as to State use Revocation of patent Rectification of register Hearing of applications Evidence by affidavit Costs
PART IV
PATENT AGENTS
Recognition of Institute
Procedure under section 69 (2)
Institute entitled to appear in all proceedings
Patents [CAP. 692
Patents Tribunal Rules [SUBSIDIARY]
PART V
TAXATION OF COSTS
Rule - Registrar of Patents Tribunal to be Taxing Officer
- Necessary and proper costs to be allowed
- Scale of fees to be followed
- Witnesses' charges and allowances'
- Taxation of costs
- Review of decision of Taxing Officer
- Reference to president of Tribunal in chambers
PART VI
GENERAL - Adjournment of proceedings
- Place of hearing
- Prescribed forms
- Prescribed fees
- Endorsement of fee on document chargeable
- Oath to be taken by assessors appointed under section 79
- Remuneration of assessors
FIRST SCHEDuLE-Prescribed forms
SECOND SCHEDULE-Prescribed fees
78 CAP. 692] Patents
[SUBSIDIARY]
Federal
Section S1-THE PATENTS TRIBUNAL RULES
Government Notice 252 of 1957 Rules by the .Minister
Government Notice 497 of 1964
PAHT I
PRELIMINARY
Title 1. These Rules may be cited as the Patents Tribunal Rules.
Intorpreta2. In these Rules, unless the context otherwise requires
tion
" Office" means the Patent Office; " section " means a section of the Act; " Tribunal" means the Patents Tribunal.
PART II
APPEALS
Entry of 3. (1) Any person who desires to appeal to the Tribunal
appeal
from a decision of the Registrar of Patents in any matter in which a right of appeal is given under the Act shall, within three months after the date of the decision, file with the registrar of the Tribunal a notice in Form P.T. No.1. - (2)
- A notice of appeal shall state the nature of the decision appealed against and whether the appeal is from the whole or part only and, if so, what part of the decision, and shall be accompanied by a statement in writing of the appellant's grounds of appeal.
- (3)
- The appellant shall send a copy of the notice of appeal to the Registrar of Patents and to any person or persons who appeared or gave notice of opposition in the proceedings before the said Registrar.
- (4)
- The appellant shall be responsible for the preparation of the record which shall be certified by the Registrar of Patents as correct in terms of sub-rule (7).
- (5)
- The Registrar of Patents as well as the parties or their legal practitioners shall endeavour to exclude from the record all documents (more particularly such as are purely formal) that are not relevant to the subject-matter of the appeal, and generally to reduce the bulk of the record as far as practicable, and to avoid the production of unnecessary exhibits, taking special care to avoid the duplication of documents and the unnecessary repetition of headings, and furnish merely the formal particulars of documents; but the documents omitted to be copied shall be enumerated in a list to be placed after the index or at the end of the record.
Patents [CAP. 692 79
Patents Tribunal Rules [SUBSIDIARY] - (6)
- The Registrar of Patents, after consultation with the registrar of the Tribunal, shall direct the number of copies of the record to be prepared, having regard to whether or not one or more assessors are likely to sit upon the hearing of the appeal.
- (7)
- After the completion of the preparation of the record, the Registrar of Patents shall certify the record to be correct and forward it to the registrar of the Tribunal together with such copies thereof as he has directed to be prepared in terms of subrule (6).
4. (1) Any application for an extension of time in which to Application for an
appeal shall be in Form P.T. No.2 and shall state briefly the
extension of
grounds upon which the application is based and where facts
time in are alleged such facts shall be verified by affidavit. which to
appeal - (2)
- The application accompanied by supporting documents shall be delivered to the registrar of the Tribunal and copies shall forthwith be served by the appellant on the Registrar of Patents and on any person or persons who appeared or gave notice ofopposition in the proceedings before the said Registrar.
- (3)
- The respondent shall be entitled to file an affidavit in reply within fourteen days from the date of service or within such longer period as may be ordered by the Tribunal, and the Tribunal may permit further affidavits to be filed. Copies of such affidavits shall be served on the Registrar of Patents and on the appellant or the respondent, as the case may be, immediately after the affidavits are filed.
5. (l) The registrar of the Tribunal shall, after obtaining Notice of directions from the president of the Tribunal, give to the hearing Registrar of Patents, to the appellant and to any opposing party not less than fourteen days' notice of the time and place appointed for the hearing of the appeal, unless the president of the Tribunal directs that shorter notice shall be given. - (2)
- In any case where the setting down of the hearing of an appeal has been delayed, any party may apply to the registrar of the Tribunal to fix a date for the hearing, and thereupon the registrar of the Tribunal, after consulting any other party and the president of the Tribunal, shall set down the appeal for hearing after having given to the Registrar of Patents and to any other party not less than fourteen days' notice or such shorter notice of the time and place appointed for the hearing of the appeal as directed by the president of the Tribunal.
- (3)
- Ifin the opinion of the registrar of the Tribunal an appeal is not being prosecuted timeously, he may lay the matter before the president of the Tribunal for directions and, if the president of the Tribunal is satisfied that the parties do not intend or are unable to proceed with the appeal, he may direct that the parties attend before him to show cause why the appeal should not be dismissed.
80 CAP. 692] Patents
[SUBSIDIARY] Patents Tribunal Rules
Evidence
Attendance of witnesses
Security on appeal
Abandon
ment or
failure to
prosecute
appeal
Frivolous or vexatious appeals - Subject to the provisions of subsection (4) of section seventy-five, the evidence used on appeal to the Tribunal shall be the same as that used before the Registrar of Patents and no further evidence shall be given, except with the leave of the Tribunal.
- The Tribunal may, at the request of any party, order the attendance at the hearing for the purpose of cross-examination of any person who has given evidence in the matter to which the appeal relates.
- (1) Subject to the provisions of section seventy-seven, any party may, at any time before the hearing of an appeal, apply to the Tribunal for an order that any opposing party shall, within such time, in such amount and in such manner as the Tribunal directs, give security for the payment of any costs which such opposing party may be ordered to pay.
- (2)
- The party applying for an order for security for costs shall serve upon the opposing party a copy of the notice of the application for security at least seven days before the date of the hearing thereof.
- (3)
- Any party ordered to give security for costs in terms of this rule may apply to the Tribunal for an order extending the time within which any security is to be given, and shall give not less than four days' notice of such application to the other party.
- (4)
- In the event of the security not being given or being only partly given within the time directed by the Tribunal or any extension thereof, all proceedings in the appeal shall be deemed to be stayed, unless the Tribunal otherwise orders, and the appeal shall be set down for such order, whether of dismissal or otherwise, as the Tribunal may think fit.
9. (1) An appellant may at any time abandon his appeal by giving notice of abandonment in Form P.T. No. 3 to the registrar of the Tribunal and upon such notice being given the appeal shall be deemed to have been dismissed by the Tribunal. - (2)
- The appellant shall serve a copy of the notice of abandonment on the respondent and on the Registrar of Patents.
- (3)
- The respondent may, upon receipt of such notice, apply to the Tribunal for an order in respect of any costs incurred by him.
10. Ifit appears to the Tribunal that any notice of appeal against a decision of the Registrar of Patents discloses grounds of appeal which are frivolous or vexatious and that the appeal can be determined without a hearing, the Tribunal may dismiss the appeal summarily without calling on any person to attend the hearing of such appeal.
Patents [CAP. 692
Patents Tribunal Rules [SUBSIDIARY]
PART III
ApPLICATIONS AND OPPOSITIONS
ll. (1) Subject to the provisions of section sixty-six, an application to the Tribunal under section thirty for an order extending the term of a patent shall be made in Form P.T. No.4 and shall be filed with the Registrar of Patents after the applicant has duly advertised his application in two consecutive issues of the Patent J ournal and notified in writing the registered licensee or patentee, as the case may be, of the advertisement.
(2) The application shall state the period of the extension which is sought and shall be supported by evidence setting out fully the facts relied upon, such evidence being filed either with the application or at any time within three months from the date thereof.
(:3) At any time within two months from the date of the second advertisement of the application in the Patent Journal, any person may give notice of opposition. - (4)
- Such notice shall be in Form P.T. No.5 and shall be accompanied by a statement setting out fully the nature of the objector's interest, the grounds of opposition and the relief which he seeks and evidence of the facts upon which he relies.
- (5)
- Within two months from the receipt of the notice of opposition, the applicant may file evidence confined to matters strictly in reply and shall serve on the objector a copy of the evidence. Proof of service must be furnished to the satisfaction of the Registrar of Patents.
- (6)
- An objector shall be entitled at his own expense to be supplied with a copy of the application and of any evidence filed in support thereof.
- (7)
- When the provisions of this rule have been complied with to the extent herein required, the Registrar of Patents shall hand all relevant papers to the registrar of the Tribunal.
12. (1) An application under section thirty-eight for a licence under a patent shall be made in Form P.T. No.6 and shall be filed with the Registrar of Patents. - (2)
- The application shall set out fully the nature of the applicant's interest, the facts upon which he bases his case and the relief he seeks and shall be accompanied by an affidavit verifying the facts set out therein.
- (3)
- The applicant shall 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 he shall advertise the application in one issue of the Patent Journal in such form as may be approved by the Registrar of Patents.
Application for extension of patent
Application for compulsory licence in respect of patents relating to food or certain other commodities
82 CAP. 692] Patents [SUBSIDIARY] Patents Tribunal Rules - (4)
- At any time within two months from the date of the advertisement, the patentee or any other person who wishes to oppose the application shall deliver to the Registrar of Patents a counter-statement, verified by affidavit, setting out fully the grounds upon which the application is opposed, and shall at the same time serve upon the applicant a copy of the counterstatement and of such affidavit. Proof of service shall be furnished to the satisfaction of the said Registrar.
- (5)
- When the provisions of this rule have been complied with to the extent herein required, the Registrar of Patents shall hand all relevant papers to the registrar of the Tribunal.
Dispute as 13. (1) Any reference to the Tribunal under section forty-two
to State use
by a party to a dispute (hereinafter referred to as " the claim
ant") shall be made in Form P.T. No.7 and shall be filed with
the Registrar of Patents. - (2)
- The claimant shall by affidavit verify the facts upon which he relies and shall state fully the nature of his interest in the matter in dispute and the relief which he seeks.
- (3)
- The claimant shall serve a copy of his claim and of the relevant affidavit upon the other party to the dispute.
- (4)
- The other party shall within two months from the date of receipt of such copy deliver to the Registrar of Patents a counter-statement, verified by affidavit, setting out fully the nature of his interest and the facts upon which he relies, and shall at the same time serve upon the claimant a copy of the counter-statement and of such affidavit.
(,Ii) Proof of service shall be furnished to the satisfaction of the Registrar of Patents. - (6)
- When the provisions of this rule have been complied with to the extent herein required, the Registrar of Patents shall hand all relevant papers to the registrar of the Tribunal.
- (7)
- Any party to the dispute may at any time during the proceedings under this rule make application to the Tribunal for an order for the hearing of oral evidence, and the Tribunal shall make such order as it deems fit.
Revocation 14. (1) An application for the revocation of a patent under
of patent
section