National Research Foundation Act, 1998
R 385
Patents Act, 1978 (Act No. 57 of 1978)Chapter IX : Assignment, attachment and hypothecation of patents and applications for patents60. Assignment, attachment and hypothecation of patent or application for patent |
(1)
| (a) | An applicant for a patent or a patentee may in writing assign his rights in an application or patent to any other person. |
| (b) | Upon application in the prescribed manner and on payment of the prescribed fee to the registrar, such assignment shall be recorded in the register. |
| (c) | Unless such assignment is so recorded it shall not be valid, except as between the parties thereto. |
| (2) | A patent or an application for a patent may be attached by recording the warrant of execution or attachment order concerned in the register in the prescribed manner. |
| (3) | Upon the discharge of any attachment, the person who caused such warrant or order to be entered in the register shall cause that entry to be deleted: Provided that any other interested person may apply to the registrar to cause such entry to be deleted. |
| (4) | An attachment shall lapse on the expiry of a period of three years from the date of recording it in terms of subsection (2), unless it is renewed within that period. |
| (5) | The hypothecation of a patent or an application for a patent may on application in the prescribed manner be entered in the register. |
| (6) | After the entry of an attachment or hypothecation in terms of this section, the patentee or applicant for a patent shall not alienate or encumber the attached or hypothecated patent or application for a patent or grant any licences under such patent. |
