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(ii) carrying out the acts referred to above with respect to the product as resulting
directly from use of the process, subject to Article 8.
28.—(1) Until grant of an inventor’s certificate, the rights deriving from the application
shall belong to the applicant and the obligations shall be incumbent on him.
(2) Once an inventor’s certificate has been granted, the right to carry out the acts
referred to in Article 27 shall belong to the State unless the State decides otherwise.
(3) The working of an invention covered by an inventor’s certificate shall be effected at
the initiative of the State that assumes the rights of the inventor. On the advice of the Agency,
based on data supplied by the inventor, the State shall undertake to afford to the owner of the
inventor’s certificate adequate remuneration and/or other corresponding advantages.
(4) The detailed conditions of transfer of the rights and remuneration therefor shall be
laid down in the implementing decree, supplemented by other regulatory texts where
necessary.
29.—(1) The extent of protection afforded by a patent or inventor’s certificate shall be
determined by the content of the claims in the wording finally accepted.
(2) The description and drawings contained in the application shall serve to interpret
the claims.
30.—(1) The rights deriving from a patent or an inventor’s certificate shall extend only
to acts carried out for industrial and commercial purposes.
(2) The rights deriving from a patent or an inventor’s certificate shall not extend to acts
carried out with respect to the product covered by the patent or inventor’s certificate once the
product has been lawfully sold within the country.
(3) The rights deriving from a patent or an inventor’s certificate shall not extend to the
presence or use of products on board foreign vessels, space vehicles, aircraft or land vehicles
that temporarily or accidentally enter the waters, air space or land of the country.
31. Anyone who, on the national territory, at the filing date of the application for a
patent or an inventor’s certificate by another person, or at the date of priority validly claimed
for such application, was, in good faith, manufacturing the product or using the process, shall
have the right, despite the patent or inventor’s certificate, to continue carrying out such acts
and, with regard to the products thus manufactured, carrying out the other acts referred to in
Article 27.
32.—(1) The maintenance in force of an application for a patent or inventor’s
certificate, a patent or an inventor’s certificate shall be dependent upon payment of a renewal
fee due on the anniversary date of the filing of the application.
(2) A six-month period of grace, subject to a surcharge for late payment, shall be
afforded for the payment of each annual fee.
(3) Failure to comply with the provisions of the preceding paragraphs shall
automatically lead to lapse of the patent or inventor’s certificate or of any certificate of
addition under either of those titles. Failure to comply, with respect to an application, shall
amount to a tacit statement of withdrawal of the application.
33.—(1) Any person who, for reasons of force majeure, has been unable to comply
with the time limits laid down by law for carrying out an act and who, for that reason, loses
any right deriving from an application for a patent or an inventor’s certificate or from a patent