Act 3
Industrial Property Act
2014
41. Right of a prior user.
(1) Notwithstanding section 38, a patent has no effect against
any person, in this Act referred to as “the prior user” who, in good
faith, for the purposes of his or her enterprise or business, before the
filing date or, where priority is claimed, the priority date of the
application on which the patent is granted, and within the territory
where the patent produces its effect, is using the invention or is
making effective and serious preparations for that use.
(2) A person referred to in subsection (1) has the right, for the
purposes of his or her enterprise or business, to continue the use or to
use the invention as envisaged in the preparations referred to
subsection (1).
(3) The right of the prior user may only be transferred or may
only devolve together with his or her enterprise or business, or with
that part of his or her enterprise or business in which the use or
preparations for use is or are made.
42. Scope of protection.
The scope of the protection afforded under this Part to a patent shall
be determined by the terms of the claims but where they are
inadequate, the description and drawings included in the patent may
be used to interpret the claims.
43. Limitation of rights.
(1) The rights under the patent extend only to acts which are
done for industrial or commercial purposes but do not extend to acts
which are done for scientific research.
(2) The rights under the patent do not extend to acts in respect of
articles which have been put on the market in Uganda or in any other
country or imported into Uganda by the owner of the patent or with
his or her consent.
(3) The rights under the patent do not extend 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 Uganda.
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