to prior administrative marketing approval, in which case the period shall be extended by two
years following the expiry of the periods mentioned.
52. Any filing of a patent application shall give rise to payment of an amount which
shall cover the filing and the first annual fee.
The amount paid for the filing and the first annual fee shall be payable at the time of the
filing of the application even where it is eventually rejected.
Where the patent application contains more than ten claims, an additional amount shall
be payable for each claim as from the eleventh.
The annual fee for the maintenance of the patent application and of the patent shall be
payable for every year of the patent’s life. Payment shall be made annually and shall be
payable on the last day of the month of the anniversary date of the filing of the patent
application.
Where payment of an annual fee has not been made on the date provided for in the
fourth paragraph of this Article, the person concerned shall have a period of six months within
which to pay the amount, which in that case shall be increased by a late-payment charge.
The amounts of the application and first annual fee, the subsequent annual fees, the
late-payment charge and the additional fee for claims as from the eleventh shall be fixed by
decree.
53. The court may, at the request of the owner of the improvement patent, grant an
exploitation license under the main patent where the public interest dictates and after expiry
of the period provided for in Article 69 of this Law.
Such a license shall be granted only in so far as it is necessary for the working of the
improvement patent and the subject matter of that patent represents substantial technical
progress in relation to the main patent and is of considerable economic interest.
The license granted to the owner of the improvement patent may only be transferred
with the said patent.
The owner of the first patent may, on a request filed with the court, be granted a license
under the improvement patent.
The provisions of Article 70, 75 and 76 of this Law shall be applicable to the cases
provided for in this Article.
Chapter VII
Renunciation, Invalidity and Forfeiture
Section 1
Renunciation
54. The owner of the patent may renounce his patent either entirely or partly in a signed
request filed with the entity responsible for industrial property.
Where the renunciation is effected by an agent, a special power of attorney for
renunciation, duly signed by the owner of the patent, shall be filed with the request.
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