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1 1992




Correction of errors.

110. —(1) (a) The Controller may, in accordance with the provisions of this section, correct any linguistic error, error of transcription, clerical error or mistake in any specification of a patent, any application for a patent, or any document filed in pursuance of such an application, or any error in the register.

(b) The power conferred on the Controller by paragraph (a) of this subsection is in addition to the powers conferred on him by section 86 (7).

(2) A correction may be made in pursuance of this section either upon a request made in the prescribed manner by any person interested and accompanied by the prescribed fee, or without such a request.

(3) Where the Controller proposes, or a request is made, to make a correction referred to in subsection (1), he shall before determining the matter give notice of the proposal or the request to the proprietor of or applicant for the patent, as the case may be, and to any person, other than the person by whom a request is made, who appears to him to be concerned.

Falsification of register, etc.

111. —If any person makes or causes to be made a false entry in any register kept under this Act, or a writing falsely purporting to be a copy of an entry in any such register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000, or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

Unauthorized claim of patent rights.

112. —(1) If any person falsely represents that any product sold by him is patented, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

(2) For the purpose of this section a person who sells a product having stamped, engraved or impressed thereon, or otherwise applied thereto, the word “patent” or “patented”, or any word expressing or implying that the product is patented, shall be deemed to represent that the product is patented.

False suggestion of official connection with Office.

113. —If any person uses on his place of business, or on any document issued by him, or otherwise, any words suggesting that his place of business is officially connected with, or is, the Office, he shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £500.

Power of Minister to make rules.

114. —(1) The Minister may make such rules (except in relation to any matter appropriate to be provided for by rules of court) and do such things as he thinks expedient, subject to the provisions of this Act—

(a) for prescribing the form and contents of applications for patents and other documents which may be filed at the Office, and for requiring copies to be furnished of any such documents;

(b) for regulating the procedure to be followed in connection with any proceedings or other matter before the Controller and for authorizing the rectification of irregularities of procedure;

(c) for requiring fees to be paid in connection with any such proceedings or matter or in connection with the provision of any service by the Office and providing for the remission of fees in prescribed circumstances;

(d) for prescribing the circumstances under which a person is required to be represented by a patent agent who is for the time being registered in the register within the meaning of Part X and act through him in proceedings under this Act;

(e) for prescribing time limits for doing anything required to be done in connection with any such proceedings by or under this Act and providing for the alteration of any period of time specified in or under this Act;

(f) for prescribing how periods of time are to be calculated;

(g) for regulating the publication, sale and contents of anything which the Controller is by this Act required or authorized to publish;

(h) for regulating the presentation of copies of publications made under this Act to applicants for and proprietors of patents and to public authorities, bodies and institutions (whether in or outside the State);

(i) for regulating the maintenance and keeping of the Register of Patents and the register referred to in paragraph (d);

(j) for prescribing any matter or thing referred to in this Act as prescribed;

(k) for doing anything which is either by Article 9 of the First Schedule or otherwise by this Act authorized or required to be done or is in this Act referred to as being, or to be done, by rules under this Act;

(l) generally for regulating the business of the Office and anything which by this Act is placed under the direction or control of the Controller.

(2) Without prejudice to subsection (1), the Controller may adopt such procedures for giving effect to this Act as appear to him to be appropriate.

Service of notice, etc. by post.

115. —Any notice required or authorized to be given by or under this Act, and any application or other document so required or authorized to be made or filed, may be given, made or filed by post or by any other prescribed means.

Articles forfeited under law.

116. —Nothing in this Act shall affect the right of the State, or of any person deriving title directly or indirectly from the State, to sell or use any products forfeited under the Customs Acts or any enactment relating to the excise.

Extent of territorial protection.

117. —For the avoidance of doubt, it is hereby declared that this Act applies to the following waters, namely, the waters in the portion of the sea which comprises the territorial seas of the State, the waters in all the areas of the sea to which the internal or inland waters of the State are extended by section 5 of the Maritime Jurisdiction Act, 1959 , and the waters in any area which is for the time being a designated area within the meaning of section 1 of the Continental Shelf Act, 1968 .

Immunity of Minister, Controller and officers as regards official acts.

118. —Neither the Minister, the Controller nor any officer of the Minister or Controller shall—

(a) be taken to warrant the validity of any patent granted under this Act or any treaty or international convention to which the State is a party; or

(b) incur any liability by reason of or in connection with any search, examination or investigation carried out under the provisions of this Act or any such treaty or convention or any report, communication or proceeding consequent on any such search, examination or investigation.