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No. 10
Right
conferred by
patent.
22. (1) The owner of the patent has the right to prevent any
person from exploiting the protected invention by any of the following
acts:-
Patents and Industrial Designs Act
2012
(a) � where the patent has been granted in respect
of a product(i) �making, importing, offering for sale,
selling and using the product;
(ii) �stocking such product for the purposes
of offering for sale, selling or using the
product;
(b) � where the patent has been granted in respect
of a process(i) �using the process; or
(ii) �doing any of the acts referred to in
paragraph (a) in respect of a product
obtained directly by means of the
process.
(2) The owner of the patent shall, in addition to any other
rights, remedies or actions available to him, have the right, subject to
section 23 to institute legal proceedings against any person who
infringes the patent by performing, without his agreement, any of the
acts referred to in subsection (1) or who performs acts which make it
likely that infringement will occur.
Limitation of
rights.
23.
(1) The rights under the patent shall not extend(a) � to acts in respect of articles which have been
put on the market in any country by the
owner of the patent or with his consent; or
No. 10
Patents and Industrial Designs Act
2012
15
(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 Sierra Leone;
(c) � to acts done only for experimental purposes
relating to a patented invention; or
(d) � to acts performed by any person who in good
faith, before the filing or, where priority is
claimed, the priority date of the application
on which the patent is granted in Sierra Leone,
and was using the invention or was making
effective and serious preparations for such
use.
(2) � The right of prior user referred to in paragraph
(d) of subsection (1) may be transferred or devolved only together
with the enterprise or business, or with that part of the enterprise or
business, in which the use or preparations for use have been made.
24. Subject to section 25, a patent shall expire twenty years Duration of
patent.
after the filing date of the application for the patent.
25. (1) In order to maintain the patent or patent application, Annual fees.
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 grant of
the patent.
(2) A period of grace of six months shall be allowed for
the late payment of the annual fee on payment of the prescribed
surcharge.