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The Industrial Property Director shall publish the opposition in the Official
Journal of Burundi.
The person filing the patent application shall have 60 days as from the
publication of the notice of opposition to submit a reply.
Article 49: Before taking a decision, the Industrial Property Director shall hear the patent
applicant and the opposing party, who shall put forward their respective
arguments and present additional proof, including testimonial evidence.
Chapter V: Grant and rights conferred by the patent
Section 1: Grant of the patent
Article 50: If the Industrial Property Director notes that all of the conditions for granting a
patent have been met, he shall grant it. Should this not be the case, he shall reject
the application and notify the applicant of this decision.
Article 51: In the event that he grants a patent, the Industrial Property Director shall proceed
to:
- publish a reference to the grant of the patent;
- give the applicant the certificate of grant for the patent and a copy of the
patent;
- register the patent;
- supply copies of the patent to the public subject to payment of the prescribed
fee.
Article 52: At the patent holder’s request, the Industrial Property Director shall make
changes to the patent text or drawings designed to limit the scope of the
protection granted by the patent. The changes made may in no case go beyond
the claim made in the initial application, at the risk of being null and void.
Section 2: Rights granted by the patent
Article 53: The patent shall give its holder the exclusive right to exploit the patented
invention as well as the right to prohibit any party from exploiting the patented
invention.
Article 54: “Exploitation” of a patented invention shall be defined as one of the following
acts:
1. If the patent has been granted for a product:
- making, importing, offering for sale, selling or using the product;
- holding this product with a view to offering it for sale, selling it or using it;