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Revocation of a patent shall entail the revocation of the certificates of addition
deriving from said patent
Article 83
The patent owner may, during the three-month period starting with the date of receipt
of notice of the decision referred to in Article 82, file an appeal with the Djibouti Office
of Industrial and Commercial Property for reinstatement of his rights if he can provide
a legitimate excuse for the non-payment of the prescribed fees.
Reinstatement of rights may be granted through a written decision by the Djibouti
Office of Industrial and Commercial Property, provided that said prescribed fees have
been paid before the expiry of the three-month time period provided for in the
previous paragraph.
A reference to the decision for reinstatement of rights shall be entered in the National
Register of Patents, which shall also contain a reference to the date of payment of
the prescribed fees. The decision for reinstatement of the rights shall be notified to
the patent owner or his agent.
Article 84
The court shall invalidate the patent at the request of anyone with an interest:
((a) if the invention may not be patented under the provisions of Articles 22 to 28 of
this Law;
((b) if the description of the invention does not explain the invention sufficiently to
allow a person skilled in the art to carry it out;
((c) if the subject matter of the invention goes beyond the content of the initial
application as filed;
((d) if the claims fail to define the scope of protection sought.
Where the grounds for invalidity affect the patent only partly, the invalidity shall be
pronounced in the form of a limitation corresponding to the claims.
Article 85
An invalidity action may be brought by anyone with an interest.
The Public Prosecutor’s Office may be a party to the proceedings before any court
asked to take a decision invalidating a patent, and may petition for the absolute
invalidity of the patent.
It may even appeal directly for invalidity by means of a main action.
Article 86
A patented invention which the owner has had revoked and an invention whose
patent has been revoked may not give rise to another patent application filing.