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49. The transfer of the rights of the owner of an inventor’s certificate to the State and
any decisions relating to awards shall be set down in writing and a copy of the contract shall
be filed with the Office.
50. In accordance with Article 28(4) of the Ordinance, further regulatory texts shall
supplement, where appropriate, the provisions set out in this Article.
Section II
Term of Patent and Inventor’s Certificate
51. Pursuant to Article 10 of the Ordinance, the licensee of a patent or the owner of a
patent or an inventor’s certificate may, on expiry of a period of 15 years as from the filing
date of the application, request the Office to extend the term of protection for five years.
52.—(1) The request for extension shall be submitted in writing using the form given in
Annex II to the Office by the owner or, where appropriate, his agent or representative, during
the two months preceding expiry of the patent or inventor’s certificate.
(2) In accordance with Article 10 of the Ordinance, the request shall be duly evidenced
and supported, in particular, by a report on the working of the patent or inventor’s certificate
in Madagascar.
(3) As from receipt of the request, the Office shall have a period of four months in
order to give its decision.
(4) Extension of the term of a patent or an inventor’s certificate shall be deemed to
have been granted if no decision to the contrary is given. If on the expiry of the
above-mentioned four-month period, no decision has been communicated to the owner, the
patent or inventor’s certificate shall be deemed automatically extended for five years.
53. The request for extension shall be accompanied by evidence of payment of the
prescribed fee referred to in Annex I. The amount of the fee shall be refunded if the request
for extension is refused.
54. If the term of a patent or inventor’s certificate is extended, the Office shall enter in
the Register and publish in the Official Gazette of Industrial Property the following
particulars:
(a) the registration number of the patent or inventor’s certificate;
(b) the title of the invention;
(c) the registration date;
(d) the filing date and the expiry date after extension;
(e) the name and address of the owner;
(f) where appropriate, the name and address of the agent.
Section III
Patent and Inventor’s Certificate Renewal Fees
55. The amounts of the progressive annual fees are given in Annex I to this Decree.