10
The author of the waiver shall be notified
application for a patent or incentive
by the Ministry responsible for industrial
certificate;
property.
2. to disclose the industrial secret;
3. to
file
a
corresponding
patent
The waiver may not infringe the rights
application abroad. If, at the time of
acquired by third parties in the patents
notification, the same invention has
without their consent.
already been the subject of one or more
patent
Congolese State shall solicit, under
applications
abroad,
the
Articles 45 and 46, the postponement of
Chapter 6 – Secret inventions and
the grant of the foreign patent;
discoveries
4. to issue a copy of secret filings;
5. to exploit freely the secret invention or
Art.39. Inventions and discoveries by
discovery.
Congolese nationals as well as those by
foreigners residing in the Democratic
Art.41. The authorization referred to in
Republic
particular
Article 40 shall be granted by means of a
significance for the national interest may
decree issued by the Minister responsible
be declared secret. They may concern any
for industrial property or his delegate, on
field, especially that of national defense
the advice of the Minister of the Ministry
and security.
concerned.
Art.40. If an invention or discovery is
Art.42. If they deem it necessary for the
declared secret, the applicant shall be
national interest, the Ministers of the
informed accordingly, without delay, by
Ministries concerned may temporarily
registered letter. From this moment on, the
organize the conditions for exploitation of
grant of the corresponding patent or
the secret inventions or discoveries and
incentive certificate shall be suspended, in
those for implementation of the industrial
addition to its being prohibited, unless
secrets.
there is an express authorization:
1. to make public the invention or
If it has been established that these
discovery which is the subject of the
measures are insufficient, they may
of
Congo
of
temporarily ban the exploitation of the