(1) A person (A) must not bring civil proceedings in respect of any interest in a patent that is not registered under this Act unless A has first given at least 1 month’s written notice to the proposed defendant (B) of—
(a) A’s intention to bring proceedings; and
(b) A’s address for service.
(2) If the interest is capable of being registered under this Act, B may require A to register A’s interest in the patent by giving written notice to A within 1 month of receiving A’s notice of intention to bring proceedings.
(3) If B gives A written notice of that requirement, A must not bring civil proceedings in respect of that interest against B unless A registers the interest—
(a) within 6 months of B giving that notice; and
(b) at least 1 month before A commences proceedings.
(4) However, the court may, on application in that behalf, authorise A to bring civil proceedings without complying with either or both of subsections (1) and (3).
(5) In this section and section 156, interest in a patent means an interest to which a person may be entitled as owner, mortgagee, licensee, or otherwise in a patent.
Compare: 1953 No 64 s 85(1)(a), (1)(c), (2)