A.32
Grant of
patent
Rights
conferred by
patent
Exceptions to
rights conferred
by patent
(3) An examination under this section may be undertaken by persons
or institutions appointed by the Registrar, including any designated
foreign, national or regional industrial property authorities.
23. (1) Where the Registrar is satisfied that the requirements of
section 22 have been fulfilled, he or she shall grant the applicant a patent.
(2) Where there is any requirement or observation that is missing
from the application, the Registrar shall notify the applicant, inviting
him or her to comply with any missing requirement or submit any
observation within the prescribed time limit and where the applicant
fails to provide or submit any missing requirement or observation within
the prescribed time limit, the Registrar may refuse the application and
notify the applicant of that decision.
(3) Where the Registrar grants a patent, he or she shall —
(a) issue a certificate of the grant of the patent and a copy of the patent
to the applicant;
(b) record the patent in the patent register; and
(c) publish, in the Journal, a reference to the grant of the patent.
(4) The Registrar shall, on payment of the prescribed fee, make a copy
of any patent granted in terms of this section available to any person who
requests such copy.
(5) The Registrar shall, upon request by the patentee, make changes
in the text or drawings of the patent in order to limit the extent of the
protection conferred by the patent.
24. (1) The patent confers on the patentee the right to prevent third
parties not having such patentee’s consent from exploiting the patent in
Botswana.
(2) For the purposes of this section, exploitation of a patent means —
(a) where the patent has been granted in respect of a product —
(i) making, offering for sale, selling or using the product, or
(ii) importingthe
product for the purposes of offering it for sale,
selling or using it; and
(b) where the patent has been granted in respect of a process —
(i) using the process, and
(ii) doing any act referred to in paragraph (a) in respect of a product
obtained directly by means of the process.
25. (1) The rights conferred by a patent shall not extend to —
(a) acts in respect of articles which have been put on the market in
Botswana or abroad by the patentee or by another person acting with the
patentee’s consent, or having an economic tie to the patentee;
(b) the use of articles on aircraft, land vehicles or vessels of other
countries which temporarily or accidentally enter the airspace,
territory or waters of Botswana;
(c) acts done only for experimental purposes relating to the subjectmatter of the patented invention;