the Registrar shall accord as the filing date the date of receipt of the application and shall treat
any references to the said drawings as non-existent.
(5) After according a filing date, the Registrar shall examine whether the application
complies with the requirements of section 7(1), (2) and (3) and the regulations pertaining
thereto and those requirements of this Order and the regulations which are designated as
formal requirements for the purposes of this Order.
(6) Where the Registrar is of the opinion that the application complies with the
requirements indicated in subsection (5), the Registrar shall cause the application to be
examined as to whether the requirements of sections 3, 4, 5, 7(4), (5), (6), (7), 8 and 10 and
the regulations pertaining thereto are fulfilled.
(7) The regulations may prescribe that, in respect of some categories of inventions, the
examination shall not cover the requirements of novelty and inventive step under section 5(2)
and (5).
Grant of patent
12.—(1) Where the Registrar finds that, subject to section 11(7), the conditions referred
to in section 11(5) and (6) are fulfilled, he shall grant the patent. Otherwise, he shall reject the
application and notify the applicant of that decision.
(2) When he grants a patent, the Registrar shall,
(a) publish the fact that he has granted the patent;
(b) issue to the applicant a certificate of the grant of the patent and a copy of the patent;
(c) record the patent; and
(d) make available copies of the patent to the public, on payment of the prescribed fee.
Rights conferred by patent, ARIPO Protocol Patents, exploitation by
Government or person thereby authorized
13.—(1) Subject to subsection (5) and section 15, the exploitation of the patented
invention in Lesotho by persons other than the owner of the patent shall require the latter’s
agreement.
(2) The owner of the patent shall, in addition to any other rights, remedies or actions
available to him, have the right, subject to subsections (3) and (5) and section 15, to institute
court proceedings against any person who exploits the patent without his agreement, in terms
of section 2, or who performs acts which make it likely that infringement will occur.
(3) The rights under the patent shall not extend,
(a) to acts in respect of articles which have been put on the market in Lesotho by the
owner of the patent or with his consent;
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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