Section 46: Revocation of patent by High Court

46. Revocation of patent by High Court.—(1) Subject to the provisions of this Ordinance, a patent may, on the petition of any person interested or of the Federal Government or on a counter­claim in a suit for infringement of the patent, be revoked in part or in whole by the High Court on any one or more of the grounds upon which grant of patent may be refused. (2) Without prejudice to the provisions contained in sub-section (1), a patent may be revoked by the High Court on the petition of the Federal Government, if the High Court is satisfied that the patentee has without reasonable cause failed to comply with the request of the Federal Government to make, use or exercise the patented invention for the services of the Government upon reasonable terms. (3) A notice of any petition for revocation of a patent under this section shall be served on all persons appearing from the Register to be proprietor of that patent or to have shares or interests therein, and it shall not be necessary to serve a notice on any other person.

Effective date: 2000-01-01

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