Cap. 417 Art. 44DDuties of the Comptroller after receiving notice.

(1) On receipt of a notice for revocation of a priority claim the Comptroller shall, as soon as possible on receipt of the said notice and, if applicable, the prescribed fee, forward the notice to the proprietor of the patent in question at his address of service in Malta and shall inform him that within ninety days from the date of service to him of the notice for revocation of a priority claim he may file a reply indicating clearly whether or not he accepts that the priority claim in question be revoked: Provided that if it appears that the proprietor of the patent upon whom such a notice for revocation of a priority claim is to be served is abroad, or that access to his place of service in Malta cannot be obtained, or his place of service in Malta is not known, the Comptroller may cause without any delay a summary of the notice for revocation of a priority claim to be published as may be prescribed. In such cases, service shall be deemed to have been made on the third working day after publication. The Comptroller may also adopt such other measures as he may deem fit to serve the proprietor of the patent with the notice for revocation of a priority claim.

(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 proprietor 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 with 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 of a priority claim to the owner of the patent:

Provided that if the proprietor informs the Comptroller in writing that he accepts the notice of revocation, the Comptroller shall refuse the priority claim: 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 claim for priority shall have a right to demand that the proceedings be transferred to the Patents Tribunal.

(5) On reaching a decision the Comptroller shall inform the person who submitted the notice of revocation, and the owner of the patent 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 Comptroller 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.