(b) to the use of articles on aircraft, land vehicles, or vessels of other countries which
temporarily or accidentally enter the airspace, territory or waters of Lesotho; or
(c) to acts done for scientific research.
(4) A patent in respect of which Lesotho is a designated State, granted by ARIPO by
virtue of the ARIPO Protocol shall have the same effect in Lesotho as a patent granted under
this Order unless the Registrar has communicated to ARIPO in respect of the application
therefor a decision in accordance with the provisions of the Protocol that if a patent is granted
by ARIPO that patent shall have no effect in Lesotho.
(5) Where the public interest, in particular, national security, nutrition, health or the
development of other vital sectors of the national economy so require, the Minister may
decide that, even without the agreement of the patent owner, a government agency or a third
person designated by the Minister may exploit the invention, subject to the payment of an
equitable remuneration to the said owner.
(6) The decision of the Minister with regard to remuneration may be the subject of an
appeal before the High Court.
Duration, annual fees
14.—(1) Subject to subsection (2), a patent shall expire 15 years after the date of the
application for the patent.
(2) Upon request, made not more than 12 months and not less than one month before
the expiration of the period provided for in subsection (1), and on payment of the prescribed
fee, the Registrar shall extend the duration of that patent for a period of five years, provided
that the person making the request proves, to the satisfaction of the Registrar, either that the
invention is being worked sufficiently in Lesotho at the date of the request or that there are
circumstances which justify the failure so to work the invention. Importation shall not
constitute such a circumstance.
(3) The Registrar shall decide on the said request within a period of six months from
the date the request is received. He shall, in writing, notify the person making the request of
the decision and in the case of a rejection, state the reasons therefor; however, the patent shall
be deemed to have been extended for a period of five years as long as the Registrar takes no
decision within the prescribed six-month period.
(4) For the purposes of this Order, the invention is worked if the patented product is
made or the patented process is used, as the case may be.
(5) In order to maintain the patent or patent application, an annual fee shall be paid in
advance to the Registrar for each year, starting one year after the filing date of the application
for the grant of the patent. A period of grace of six months shall be allowed for the late
payment of the annual fee on payment of the prescribed surcharge. If an annual fee is not
paid in accordance with the provisions of this subsection, the patent application shall be
deemed to have been withdrawn or the patent shall lapse.
LESOTHO
Industrial Property Order, 1989 (Order No. 5 of 1989, as last amended by Act No. 4 of 1997)
[LS 1-001]
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