Sch. PATENTS ACT (as amended) change of ownership or grant of exclusive licence, as the case may be, unless such registration was effected within six months of the change of ownership or grant of exclusive licence. (2) If proceedings are taken in respect of infringement of a patent committed after the failure to pay any fee within the prescribed time and before any extension of time for such payment, the Court may, if it thinks fit, refuse to award any damages in respect of such infringement. 51 Remedy for groundless threats of infringement proceedings (1* Where any person, whether entitled to or interested in a patent or an application for a patent or not, by circulars, advertisements or otherwise threatens any other person with proceedings for infringement of a patent, any person aggrieved thereby may bring an action against him in the High Court in accordance with the rules of that Court for any such relief as is mentioned in subsection (2). (2) Unless, in any action brought in terms of subsection (1), the defendant proves that the acts in respect of which proceedings were threatened constitute or, if done, would constitute, an infringement of a patent or of rights arising from the publication of a complete specification in respect of a claim of the specification not shown by the plaintiff to be invalid, the plaintiff shall be entitled to the following relief, that is to say— (a) a declaration to the effect that the threats are unjustifiable; (b) an interdict against the continuance of the threats; (c) such damages, if any, as he has sustained thereby. (3) For the avoidance of doubt, it is hereby declared that a mere notification of the existence of a patent shall not constitute a threat of proceedings within the meaning of subsection (1). (4) The defendant in any action brought in terms of subsection (1) may apply, by way of counter-claim in the action, for any relief to which he would be entitled in a separate action in respect of any infringement by the plaintiff of the patent to which the threats relate. 52 Power of Court to make declaration as to noninfringement (1) A declaration that the use by any person of any process or the making or use or sale by any person of any article does not or would not constitute an infringement of a claim of a patent may be made by the Court in proceedings between that person and the patentee or the holder of an exclusive licence under the patent, notwithstanding that no assertion to the contrary has been made by the patentee or licensee, if it is shown that— (a) the plaintiff has applied in writing to the patentee or licensee for a written acknowledgement to the effect of the declaration claimed and has furnished him with full particulars in writing of the process or article in question; and (b) the patentee or licensee has refused or neglected to give such an acknowledgement. (2) In proceedings for a declaration brought by virtue of this section the Court shall make such order in respect of the costs of all parties to the proceedings as it deems fit: Provided that a patentee or holder of an exclusive licence under the patent shall not be liable for any costs unless he enters an appearance and takes part in the proceedings. (3) The validity of a claim of the specification of a patent shall not be called in question in proceedings for a declaration brought by virtue of this section, and accordingly the making or refusal of such a declaration in the case of a patent shall not be deemed to imply that the patent is valid. (4) Proceedings for a declaration may be brought in terms of this section at any time after the date of the notice of the acceptance of the complete specification in pursuance of an application for a patent, and references in this section to the patentee shall be construed accordingly: Provided that this subsection shall not apply if the acceptance of the complete specification has been cancelled in terms of subsection (5) of section sixteen. PART VII ASSIGNMENTS AND CORRECTIONS 53 Provisions as to assignments (1) Subject to subsection (7) of section twenty-six, the rights granted to a patentee by a patent shall be capable of assignment and of devolution by operation of law and of being mortgaged and pledged. (2) Where any person becomes entitled by assignment, transmission or operation of law to a patent or to a share in a patent or becomes entitled as mortgagee, licensee or otherwise to any other interest in a patent, he may apply to the Registrar in the prescribed manner for the registration of his title as proprietor or co-proprietor or, as the case may be, of notice of his interest in the Register, and the Registrar shall, upon proof of such entitlement to his satisfaction, register such title or notice against the patent accordingly. (3)* Except for the purposes of an application to rectify the Register under the provisions of this Act, a document in respect of which no entry has been made in the Register under subsection (2) shall not be admitted in any proceedings as evidence of the title of any person to a patent or a share of or interest in a patent, unless the Tribunal or the court concerned, as the case may be, otherwise directs. 54 Power of Registrar to authorize corrections (1) The Registrar may authorize— (a) the correction of any clerical error or omission or error in translation in any patent, application for a patent or document lodged in pursuance of such an application or in the Register; (b) the amendment otherwise of any documents for the amending of which no express provision is made in this Act; (c) the condonation or correction of any irregularity in procedure in any proceedings before him, if such condonation or correction is not detrimental to the interests of any person. (2) A correction may be made in terms of subsection (1) either upon a request in writing accompanied by the prescribed fee or without such a request. (3) Where it is proposed to make a correction otherwise than upon a request in writing, the Registrar shall give notice of the proposal to the patentee or the applicant for the patent, as the case may be, and to any other person who appears to him to be concerned, and shall give any such person an opportunity to be heard before the correction is made. (4) Where a request is made for the correction of a clerical error or omission referred to in subsection (1) and it appears to the Registrar that the correction would materially alter the scope of the document to which the request relates, the Registrar may require notice of the request to be advertised in the Journal and to be served upon such persons as he considers necessary.