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Invalidation of patent

Cap. 253, s. 47 · Revised Edition 2020

(1) Subject to the provisions of this Act, the Court may, on the application of any interested party, invalidate a patent on any of the following grounds– (a) that the invention is not an invention as defined in this Act; (b) that the patent concerned is not patentable under section 8 or does not satisfy the requirements of section 9(1), (2) and (3), and sections 10 and 11; (c) that the invention is a matter which should, in accordance with section 12, have been (d) that the patent was granted to a person who was not entitled thereto under section 14 or 15, as the case may be; (e) that the patentee’s application did not satisfy the requirements of section 17(4) to (7); (f) that the subject matter of the patent extends beyond the content of the patent application as filed or, if the patent was granted on a divisional application, it extends beyond the content of the relevant earlier application as filed; or (g) that the protection conferred by the patent has been extended by an amendment which should not have been allowed. 44 (2) Any invalidated patent, claim or part of a claim shall be regarded as being null and void from the date of the grant of the (3) An application for the invalidation of a patent shall be served on the patentee and filed with the Court in the manner and within the time prescribed. (4) The Registrar of the Supreme Court shall notify the Registrar of the final decision of the Court and the Registrar shall forthwith record it and publish reference thereto in the Journal.
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