Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 417 · Patents And Designs Act (Cap. 417)

Cap. 417 Art. 44CRevocation of a priority claim.

PART XII

In KraftAmtlicher Text

(1) Any person who wishes that a priority claim be revoked may, after publication of the grant of the patent, file a notice for revocation with the Comptroller.

(2) A notice of revocation of a priority claim may only be filed on the basis that the application for a patent on whose account priority was claimed, was originally filed more than one year before the filing date of the application of the patent in respect of which a notice for revocation has been filed with the Comptroller: Provided that a notice of revocation of a priority claim may only be filed before the Comptroller.

(3) A notice for revocation of a priority claim shall include:

(a) detailed grounds on the basis of which the revocation of the priority claim is being sought, incorporating references to relevant documentation; and

(b) a request for the priority claim to be refused.

(4) A notice for revocation of a priority claim shall be accompanied by the prescribed fee, where such a fee has been prescribed, and certified copies of any documentation to which reference has been made pursuant to sub-article (3)(a).

(5) Non-compliance with any of the above requirements shall render the notice for revocation of a priority claim inadmissible.