JuriSTEP
SAO TOME AND PRINCIPE
6. When the National Service for Intellectual Property understands that
the conditions of paragraphs 2 and 3, and if applicable of paragraph 4,
are fulfilled it shall grant the patent, and proceeds with the following
actions:
a) Publish a mention of the granting of the Patent;
b) Send to the depositor a certificate of the granting of the patent and
a copy of the patent itself;
c) Register the patent;
d) Make available to the public copies of the patent subject to a fee.
Article 7
Rights granted by the patent
1. The Director of Industry grants the patent when verifies that the
conditions required in the respective regulation as well as the
conditions pre-established by this Law, which are mandatory, are
fulfilled.
2. The Director of Industry upon request of the patent’s owner shall make
amendments in the drawings of the Patent intended to limit the
protection granted, as long as those amendments do not determine
that the disclosure of the patent is different from the disclosure of the
initial application based on which the patent was granted.
3. The exploration of the invention patented in Sao Tome and Principe by
any person beyond the owner of the Patent is subject to the owners’
consent.
4. For the purposes of this Law, ‘exploration’ of an invention patented
shall mean any of the following actions:
a) When the patent has been granted for a product:
I.
Manufacture, import, offering for sale, sell and use the
product;
II.
Retain the product with the purpose of put it for sale, sell or
use it;
b) When the Patent has been granted for a process:
I.
Using the process;
II.
Practice the actions mentioned in the sub-paragraph (a) of
this number in connection to a product resulting directly of
that process.
5. The owner of the patent, additionally to any other rights or possibility
of appeal or action, subject to paragraph 4, has the right to initiate
judicial action against anyone who violates his patent rights by any
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