PATENTS ACT (as amended)
and the date on which the patent is sealed shall be entered in
the Register.
(2)* Subject to the provisions of this Act relating to
patents of addition, a request under this section for the
sealing of a patent shall be made not later than the expiration of six months from the date of the publication of the
complete specification:
Provided that—
(i) where at the expiration of the said six months any
proceeding in relation to the application for the patent
is pending in the High Court or before the Registrar
or the Tribunal, the request may be made within the
prescribed period after the final determination of that
proceeding;*
(ii) where the applicant or one of the applicants has died
before the expiration of the time within which under
this subsection the request could otherwise be made,
the request may be made at any time within-twelve
months after the date of the death or at
such later time as the Registrar may allow.
(3) The period within which a request for the sealing of a
patent may, in terms of subsection (2), be made may from
time to time be extended by the Registrar to such longer
period as may be specified in an application made to him in
that behalf if the application is made and the prescribed fee
paid within that longer period:
Provided that the first-mentioned period shall not be
extended under this subsection by more than six months or
such shorter period as may be prescribed.
(4) Where in any case—
(a) the longest period for making a request for the sealing
of a patent allowable in that case by or under subsection (1), (2) or (3) has been allowed; and
(b) it is proved to the satisfaction of the Registrar that
hardship would arise in connection with the prosecution by an applicant of an application for a patent in
any country outside Zimbabwe unless that period was
extended;
the period referred to in paragraph (a) may be extended
from time to time by the Registrar to such longer periods as
appear to him to be necessary in order to prevent that
hardship arising if an application in that behalf is made to
him and the prescribed fee is paid within the first-mentioned
period or, in the case of a second or subsequent application
under this subsection, within the period to which that period
was extended on the last preceding application under this
subsection.
(5) For the purposes of this section, a proceeding shall be
considered—
(a) to be pending, so long as the time for any appeal
therein, apart from any future extension of that time,
has not expired;
(b) to be finally determined, when the time for any
appeal therein, apart from any future extension of that
time, has expired without the appeal being brought.
22 Amendment of patent granted to deceased
applicant*
Where, at any time after a patent has been sealed in pursuance of an application under this Act, the Registrar is
satisfied that the person to whom the patent was granted has
died or, in the case of a body corporate, had ceased to exist
before the patent was sealed, he may amend the patent by
substituting for the name of that person the name of the
person entitled thereto according to law, and the patent shall
have effect and shall be deemed always to have had effect
accordingly.
ss 1–2
23 Date of patent
(1) Subject to this Act, the date of a patent shall be—
(a) in the case of a patent granted under this Act or the
Patents Act, 1957 (No. 13 of 1957), the effective date
of the application therefor;
(b) in the case of a patent granted under the Patents Act
[Chapter 222 of 1939] or the Patents (Transitional
Provisions) Act, 1958 (No. 5 of 1958), the date of application therefor.
(2) The date of a patent referred to in paragraph (a) of
subsection (1) shall be entered in the Register and in the
patent.
24 Extent, effect and form of patent
(1) Subject to this Act, a patent shall have the same effect
against the State as it has against a subject.
(2) A patent shall be in such form as may be prescribed.
(3) A patent shall be granted for one invention only but it
shall not be competent for any person in an action or other
proceeding to take any objection to a patent on the ground
that it has been granted for more than one invention.
(4)9 The effect of a patent shall be to grant the patentee,
subject to this Act and the conditions of the patent, full
power, sole privilege and authority by himself, his agents
and licensees during the term of the patent—
(a) where the invention is a machine, manufacture or
composition of matter—
(i) to make, use, offer for sale or sell that machine,
manufacture or composition of matter within
Zimbabwe; and
(ii) to import that machine, manufacture or
composition of matter into Zimbabwe for the
purpose of making it, using it, offering it for
sale or selling it;
(b) where the invention is an art or process—
(i) to use that art or process within Zimbabwe; and
(ii) to use, offer for sale or sell within Zimbabwe
any manufacture or product obtained directly by
that art or process; and
(iii) to import into Zimbabwe any manufacture or
product obtained directly by that art or process;
in such manner as he thinks fit, so that he enjoys the whole
profit and advantage accruing from the invention during the
term of the patent
(5)10 The rights granted in subsection (4) shall not be
construed as prohibiting any person from making, constructing, using or selling the patented invention solely for uses
reasonably related to the development and submission of
information required under any law that regulates the
manufacturing, construction, use or sale of any product.
(6)11 The rights granted in subsection (4) shall not have
effect in relation to a product which has been put on the
market in any country by the patent holder or by an authorised person.
24A Parallel importation of patented products
etc. 12
A patented product which has been put on the market in
another country by a patentee may be imported into Zimbabwe, without the consent of the patentee, if the cost of
importing such product is less than the cost of purchasing
from the patentee.
24B Test batches of patented products 13
(1) Test batches of a patented product may be
produced without the consent of the patentee six months
before the expiry of the patent: