40. The period for appealing to the court against the decisions provided for in
Article 39 of this Law shall be one month from the date of notification of the decision
appealed against.
41. The appeal shall be brought in the form of a written request sent or handed to the
clerk of the competent court.
The request shall contain the following information on pain of unacceptability:
— Where the appellant is a natural person, his surname, forename, profession, address,
nationality, birthdate and birthplace;
— Where the appellant is a legal entity, its legal form, corporate name and registered
office and the identity of its legal representative;
— The date and subject matter of the decision challenged;
— The surname, forename and address of the owner of the patent or of the application,
where the appellant is neither the one nor the other.
A copy of the decision challenged shall be filed with the appeal.
Where the appeal does not contain an account of the legal arguments invoked, the
appellant shall, on pain of dismissal of his appeal, file such an account with the clerk of the
court at least seven days prior to the holding of the first hearing.
42. A copy of the appeal, and also where applicable a copy of the subsequently-filed
account of the legal arguments, shall be conveyed by the appellant to the entity responsible
for industrial property through the agency of a notarial officer.
The entity responsible for industrial property shall convey the file on the decision
challenged to the clerk of the court within a period of one month from the date of notification
of the copy of the appeal.
43. Where the appeal is filed by a person other than the owner of the patent, or the
owner of the application, the latter shall be brought into the case by the appellant through the
agency of a notarial officer.
44. The appellant may be represented before the court by an agent.
45. The court’s judgment shall be notified to the other parties to the proceeding by the
most diligent party.
Chapter VI
Rights and Obligations Under the Patent
Section 1
Rights Under the Patent
46. The patent shall confer on its owner or on his successors in title an exclusive right
of exploitation.
Third parties shall be prohibited from the following without the consent of the owner of
the patent or of his successors in title:
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