Act 3
Industrial Property Act
2014
(i) the product is either not patented in the third country;
or
(ii) the government of another country has authorised use
of the patent without the consent of the patent owner
and the production for export of the invention is
intended only for the market of the third country.
45. Harere Protocol on patents.
A patent, in respect of which Uganda is a designated state, granted by
ARIPO by virtue of the Harere Protocol has the same effect in Uganda
as a patent granted under this Act except where the registrar
communicates to ARIPO, in respect of the application of the patent, 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 Uganda.
PART VIII—TERM OF PATENT AND ANNUAL FEES.
46. Term of patent.
A patent shall expire at the end of twenty years from the filing date
of the application.
47. Annual fees.
(1) In order to maintain the application or the patent, an annual fee
shall be paid in advance and in the manner prescribed, to the registrar.
(2) The fee shall be due at the end of the day immediately before
each anniversary of the date of filing of the application.
(3) A grace period of six months shall be granted for the
payment of the annual fee upon payment of the prescribed surcharge.
(4) If an annual fee is not paid in accordance with this section,
the application shall be taken to have been withdrawn or the patent
shall lapse and the relevant invention shall cease to be protected.
(5) The registrar shall immediately publish the lapse of any
patent under subsection (4).
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