99. Nullity of patent

that what is claimed as an invention in the patent is not an invention within the meaning of subsection (1) of section 62, or is excluded from protection under subsection (3) of section 62, or subsection (1) of section 79, or is not patentable due to the failure to satisfy the requirements of sections 63,

that the description or the claims, fails to satisfy the requirements of subsections (3) and (4) of section 71 ; or

that any drawings required for the understanding of the claimed invention have not been furnished ; or

that the right to the patent belongs to a person other than the person to whom the patent was granted :

Where the provisions of subsection (1) apply only to some of the claims or some parts of a claim, such claims or parts of a claim may be declared null and void by the court.

The nullity of part of a claim shall be declared in the form of a corresponding limitation of the claim in question.

An assignee, licensee or sub-licensee, as the case may be, who has been made party to the application under subsection (1), shall be entitled to join in the proceedings in the absence of any provision to the contrary in any contract or agreement with the owner of the patent.

Where the application to Court is on the ground referred to in paragraph (d) of subsection (1), the applicant shall give notice of the application to the person to whom the right to the patent is alleged to belong.