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16.—(1) Subject to the legal or statutory provisions, the right to a patent with respect to
an invention made in execution of an employment contract or service regulations shall belong
to the employer.
(2) The same provision shall apply in those cases where the employee is not required
by his employment contract or service regulations to engage in inventive activity, but has
made the invention by using data or means available to him through his employment.
(3) The principle and conditions of the material or moral counterpart resulting
therefrom for the employee-inventor shall be determined by the parties involved themselves.
Section 3
Grant of Patents and Inventors’ Certificates
17. Applications for a patent or inventor’s certificate shall satisfy the following
requirements:
(1) Applications shall be drawn up on the form prescribed in the implementing decree
and shall contain all the required information.
(2) Applications shall be accompanied by:
(i) a description followed by one or more claims;
(ii) where appropriate, one or more drawings;
(iii) a descriptive abstract.
(3) Applications shall be drafted in one of the following languages:
(i) Malagasy;
(ii) French;
(iii) the Agency shall be entitled to request a translation into the other language.
18.—(1) The description shall set out the invention in a manner sufficiently clear and
complete for it to be carried out by a person skilled in the art without him being obliged to
himself undertake an inventive activity. It shall describe the best manner of carrying out the
invention to the knowledge of the applicant.
(2) The claims shall define the matter for which protection is sought. The claims shall
be clear and concise. They shall be entirely supported by the description.
19.—(1) Drawings shall be required in each case where they are necessary for the
understanding of the invention.
(2) If the invention is such that it may be illustrated by drawings, even if they are not
necessary for its understanding:
(i) the application may include such drawings on filing;
(ii) the Agency may require the applicant to provide such drawings within the period of
time prescribed, notwithstanding the provisions of paragraph (1).
20. The descriptive abstract shall merely serve the purpose of technical information and
may not be taken into account for any other purpose.
21.—(1) An application may concern only one invention.