Cap. 417 чл. 44AProcedure following receipt of notice of revocation.

(1) In the case of a notice of revocation filed with the Comptroller, the latter shall as soon as possible on receipt of said notice and the prescribed fee, if such fee is applicable, forward the notice to the owner of the patent in question at the address of service in Malta and shall inform him that within ninety days from the date of service to him of the notice of revocation he is to file a reply indicating clearly whether he accepts that his patent be revoked:

Provided that, if it appears that the owner of the patent upon whom such a notice of revocation is to be served, is abroad, or that access to his place of service in Malta cannot be obtained, or that his place of service in Malta is not known, the Comptroller may cause without delay a summary of the notice of revocation to be published as may be prescribed. Service shall be deemed to have been made on the third working day after the date of publication. The Comptroller may also adopt such other measures as he may deem fit to serve the owner of the patent with the notice of revocation.

(2) The reply to the Comptroller shall include:

(a) a clear indication of whether or not the owner of the patent is in agreement with the notice for revocation;

(b) if the owner of the patent is not in agreement with the notice for revocation, detailed grounds upon which he is basing his disagreement accompanied by certified copies of documentation to which reference is being made.

(3) Non-compliance with the deadline given by the Comptroller or the above requirements shall render the reply inadmissible.

(4) The Comptroller shall initiate proceedings before an arbiter to determine the case brought before him after ninety days from the date of service by him of the notice for revocation to the owner of the patent:

Provided that if the owner of the patent informs the Comptroller in writing that he accepts the notice for revocation, the Comptroller shall revoke the application for the patent: Provided further that where proceedings are initiated before an arbiter, the arbiter shall give his decision within six months from the date of initiation of the said proceedings before him, and in the event that the arbiter does not conclude the said proceedings within the said time limit of six months the applicant who shall have made the demand for the revocation of the patent shall have a right to demand that the proceedings be transferred to the Patents Tribunal.

(5) On the arbiter reaching a decision the Comptroller shall inform the party requesting the revocation and the patent owner accordingly.

(6) (a) The Comptroller shall duly record the arbiter’s decision and shall as soon as possible publish notice of the said decision as may be prescribed.

(b) Any party entering an appeal from the decision of the arbiter shall within ten days from the filing of the said appeal inform the arbiter of that fact.

(c) The notice referred to in paragraph (a) shall be without prejudice to any right of appeal from the decision of the arbiter. Upon a final decision at appeal modifying or revoking the arbiter’s decision, the Comptroller shall duly record such decision and publish it as may be prescribed.