Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Patents Act, 1978 (Act No. 57 of 1978)Chapter VI : Grant, duration and effect of patents47. Restoration of lapsed patent |
| (1) | Where a patent has lapsed owing to non-payment of any prescribed renewal fee within the prescribed period or the extended period referred to in section 46 (2), the patentee may in the prescribed manner and on payment of the prescribed fee, apply to the registrar for the restoration of the patent. |
[Sub-section (1) substituted by section 6 of Act No. 67 of 1983.]
| (2) | If the registrar is satisfied that the omission was unintentional and that no undue delay has occurred in the making of the application, he shall advertise the application in the prescribed manner, and thereupon any person (hereinafter in this section referred to as the objector) may within such period as may be prescribed, give notice in the prescribed manner of opposition to the restoration of the patent. |
| (3) | If there is no opposition to such restoration, the registrar may, subject to the provisions of subsection (5), issue an order restoring the patent, or dismiss the application. |
| (4) | Where notice of opposition is given, the commissioner shall, after hearing the applicant and the objector, decide the matter and issue an order either restoring the patent or dismissing the application. |
| (5) | Any order restoring the patent shall be subject to the payment of such prescribed fees as remain unpaid on the date of the order. |
