Patents Act, 1978 (Act No. 57 of 1978)

Regulations

Patent Regulations, 1978

Chapter 1 : Procedure in the patent office

Title to and interest in inventions, patent applications and patents
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58.An application for the recording of an assignment shall be made in duplicate on Form P16 accompanied by proof of title of such assignment.

 

59.Any such application shall be made within six months of the event entitling the applicant to request a recording: Provided that the registrar may extend this time limit if so requested on Form P4, and on payment of the fee prescribed in item 4(r) of Schedule 1.

 

60.A warrant or writ of execution or an attachment order in respect of a patent application or a patent shall be served at the address for service of the applicant or the patentee and a copy shall be lodged with the registrar on Form P16 for recording in the register.

 

61.An entry of any attachment may be removed from the register on a request made to the registrar on Form P4.

 

62.An application to record a licence against a patent shall be made on Form P16 within six months of the event entitling the recording of such licence, or within six months of the grant of the patent, if the licence agreement was before such grant: Provided that the registrar may extend this time limit on application on Form P4 and on payment of the fee prescribed in item 4 (r) of Schedule 1.

 

63.The recording of a licence may be cancelled on request to the registrar on Form P4 accompanied by proof, to the satisfaction of the registrar, that the licence has been cancelled or otherwise terminated.

 

64.

(1)The hypothecation of a patent application shall be recorded in the register on application on Form P16 accompanied by the deed of hypothecation.

 

(2)The application shall also be served on the applicant or the patentee, as the case may be, and any other person recorded in the patent, and proof of service shall be furnished to the satisfaction of the registrar.

 

65.The recording of the hypothecation may be removed from the register on application to the registrar on Form P4, accompanied by such proof of the termination of the hypothecation as the registrar may require.