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Chapter V
Special Provisions
Section I
Certificates of Addition
74.—(1) The provisions of this Decree relating to patents for invention and inventors’
certificates shall apply mutatis mutandis to applications for certificates of addition.
(2) An application for a certificate of addition may not relate to more than one
application for a patent or inventor’s certificate or to more than one patent or inventor’s
certificate.
75.—(1) An application for a certificate of addition shall be declared inadmissible if the
applicant is not the owner, or one of the joint owners, entered in the Register of Patents and
Inventors’ Certificates of the invention to which the application for a certificate of addition
relates unless, within two months of the date of receipt of the relevant notification addressed
to the applicant, he has caused to be entered in the Register a document attesting to his
capacity as owner or joint owner of the application for a patent or an inventor’s certificate;
however, the applicant for a certificate of addition may prove his capacity as owner or joint
owner of the application for a patent or an inventor’s certificate in any other way.
(2) Any application for a certificate of addition relating either to an application for a
patent or an inventor’s certificate that has been withdrawn or refused or to an application for a
patent or an inventor’s certificate or to a patent or an inventor’s certificate that has lapsed
shall be declared inadmissible.
76.—(1) If an application for a certificate of addition does not relate to at least one
claim in the application for the main patent or for the main inventor’s certificate, the Office
shall invite the applicant to convert his application to an application for a patent or for an
inventor’s certificate.
(2) The application for a certificate of addition shall be refused if, within the prescribed
time limit, the applicant does not request conversion to an application for a patent or for an
inventor’s certificate or does not submit written observations contesting the lack of relation.
(3) If the observations submitted by the applicant are not accepted, he shall be notified
thereof. Where conversion is not requested within the new period of time afforded to him, the
application for a certificate of addition shall be refused.
77. Any application for conversion of an application for a certificate of addition to an
application for a patent or for an inventor’s certificate shall be admissible only on condition
that it is submitted in writing prior to the date of grant of the certificate of addition and if it is
accompanied by proof of payment of the due fee referred to in Annex I.
78. The procedure for issuing a certificate of addition shall be terminated if, subsequent
to its filing, the application for a certificate of addition proves to be related either to an
application for a patent or for an inventor’s certificate that has been withdrawn or refused or
to an application for a patent or to a patent or to an application for an inventor’s certificate or
to an inventor’s certificate that has lapsed.