(b)
(i)
(ii)
when the patent has been granted in respect of a process–
using the process; or
doing any of the acts referred to in paragraph (a) of this section, in respect
of a product obtained directly by means of the process.
[s. 35]
37.
Scope of protection
The scope of the protection under the patent shall be determined by the terms of
the claims; nevertheless, the description and the drawing included in the patent may be
used to interpret the claims.
[s. 36]
38. Limitation of rights (1) The rights under the patent shall extend only to acts
done for industrial or commercial purposes and in particular not to acts done for scientific
research.
(2) The rights under the patent shall not extend to acts in respect of articles
which have been put on the market in the United Republic by the owner of the patent or
with his express consent.
(3) The rights under the patent shall not extend to the use of articles on aircraft,
land vehicles or vessels of other countries which temporarily or accidentally enter the
United Republic.
(4) The rights under the patent shall be limited by the provisions on the patent
term contained in Part VIII.
(5) The rights under the patent shall be limited by the provisions on compulsory
licences for reasons of public interest or based on interdependence of patents contained
in Part XI and by the provisions on Government exploitation of patented inventions
contained in Part XIII.
[s. 37]
PART VIII
TERM OF PATENT AND ANNUAL FEES (ss 39-40)
39. Term of patent and extension
(1) Subject to subsections (2), (3), (4), (5)
and (6), a patent shall expire at the end of the tenth year after the date of the filing of the
application.
(2) Notwithstanding subsection (1) on the request of the owner of the patent, or
of a licensee, made not more than twelve months and not less than one month before
the expiration of the patent under subsection (1), and no payment of a prescribed fee,
the Registrar shall extend the term of that patent for a period of five years, provided that
the said owner or licensee proves, to the satisfaction of the Registrar, either–
(a) that the invention which is the subject of the said patent is being worked in the
United Republic at the date of the request; or
(b) that there are legitimate reasons for failing so to work the invention.
(3) The request of the owner of the patent, or of a licensee, made not more than
twelve months and not less than one month before the expiration of the patent under
paragraph (a), and on payment of a prescribed fee the Registrar shall, subject to the
provision of that paragraph, extend the duration of the said patent for a further period of
five years.
(4) If the Registrar does not reject the request referred to in subsections (2) and
(3) within six months after its receipt, he shall be deemed to have extended the term of