Abandonment by the owner

The owner of the invention may, by filing a notice of abandonment with the Registration Authority, abandon their rights in the registered invention. Abandonment may be total or partial, and may concern the entire patent or one or more claims. The effect of abandonment runs from the time of filing the request for abandonment with the Registration Authority.

Note 1 — Abandonment by the owner of the invention of their rights in the registered invention is conditional upon the said rights not having been attached by judicial authorities or being subject to the right of another.

Note 2 — In the case of the matter referred to in paragraph 4 of Article 39 of this Act, the holder of a compulsory license for the later invention may not abandon the patent rights without the permission of the holder of the patent for the earlier invention. In this case, the abandonment must be declared to the Registration Authority in writing, together with the consent of the interested party.

Note 3 — The Registration Authority shall notify the said request to the interested parties in the patent registration, and shall publish it after receiving the relevant fee.

Note 4 — Abandonment by the owner of the invention of their rights in the registered invention does not bar the bringing or continuation of an action to invalidate the patent.