(1) The exploitation of the patented invention in the country by a person other than the
owner of the patent shall require the owner's consent.
(2) For the purposes of this section, "exploitation" of a patented invention means any of
the following acts
(a) where the patent has been granted in respect of a product:
(i) making, importing, offering for sale, selling and using the product; or
(ii) stocking the product for the purposes of offering for sale, selling or using;
(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.
(3) The owner of the patent shall, in addition to any other rights, remedies or actions
available to the owner, have the right, subject to subsection (4) and section 13, to institute
court proceedings against any person who infringes the patent by performing, without the
consent of the owner; any of the acts referred to in subsection (2) or who performs acts
which may lead to infringement.
(4) The rights under the patent shall not extend to
(a) acts in respect of articles which have been put on the market in any country by the
owner of the patent or with the owner's consent; or
(b) the use of articles on aircraft, vehicles or vessels of other countries which temporarily
or accidentally enter the airspace, territory or waters of Ghana; or
(c) acts done only for experimental purposes relating to a patent invention; or
(d) acts performed by a 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 the country,
was using the invention or was making effective and serious preparations for the use.
(5) The right of prior use referred to in paragraph (d) may be transferred or devolve only
together with the enterprise or business, or with that part of the enterprise or business, in
which the use or preparation for use has been made.
(6) At the request of the owner of the patent or of a licensee if the licensee has requested
the owner to institute court proceedings for a specific relief and the owner has refused or