Sch. PATENTS ACT (as amended) (3) An application which has been withdrawn, abandoned or refused shall not, after the lodging of the subsequent application, be capable of supporting a claim for priority rights under this section. (4) Where all the rights of each of two or more applicants referred to in subsection (1) who have made application for protection of inventions in any one or more Convention countries have become vested in the same person, those applications shall, for the purposes of subsection (4) of section eight, be deemed to have been made by the same applicant. (5) Where an applicant referred to in subsection (1) has applied for protection for any invention by an application which, in accordance with the law of any Convention country, is equivalent to an application duly made in that Convention country, he shall be deemed, for the purposes of this section, to have applied in that Convention country. (6) In determining, for the purposes of this Act, whether an invention described or claimed in a specification lodged in the Patent Office is the same as that for which protection has been applied for in a Convention country, regard shall be had to the disclosure contained in the whole of the documents put forward at the same time as and in support of the application in the Convention country, being documents of which copies have been lodged at the Patent Office within such time and in such manner as may be prescribed. (7) A patent granted in Zimbabwe for an invention upon an application referred to in this section shall not be invalidated by reason only of— (a) the invention having been known or used or published in Zimbabwe or elsewhere on or after the effective date of the application in the Convention country in which application was first made; or (b) the granting in Zimbabwe, after the effective date of the application in the Convention country, of a patent to another person for the same invention: Provided that— (i) the effective date of the patent of such other person shall not be prior to effective date in Zimbabwe of the Convention application; (ii) the Convention patentee shall be entitled to have the patent of such other person revoked upon due application under and compliance with the provisions of section forty-five. (8) An application for a patent referred to in this section shall be made in the manner specified in section seven, save that the application shall be accompanied by a complete specification. 81 Special provisions as to vessels, aircraft and land vehicles (1) Where a vessel or aircraft registered in a Convention country or a land vehicle owned by a person ordinarily resident in such a country comes into Zimbabwe temporarily or accidentally only, the rights conferred by a patent for an invention shall not be deemed to be infringed by the use of the invention— (a) in the body of the vessel or in the machinery, tackle, apparatus or other accessories thereof, so far as the invention is used on board the vessel and for its actual needs only; or (b) in the construction or working of the aircraft or land vehicle or of the accessories thereof; as the case may be. (2) Subsection (1) shall not affect section 17 of the Aviation Act [Chapter 13:03]. 82 Protocol on Patents and Industrial Designs (1) Subject to this section, the Protocol set out in the Schedule, which was contracted within the framework of the African Regional Industrial Property Organization, shall have the force of law within Zimbabwe. (2) Any patent, in respect of which Zimbabwe is a designated State, granted to an applicant by the African Regional Industrial Property Organization in accordance with the provisions of the Protocol set out in the Schedule shall, mutatis mutandis, have the same effect in Zimbabwe as a patent granted under this Act subject to such exceptions, additions, adaptations and modifications as may be necessary to implement the Protocol. (3) A patent granted under the Protocol set out in the Schedule, shall, mutatis mutandis, have such protection where applicable, as is afforded under this Act to a patent granted in fulfilment of any international agreement in respect of a Convention country under section 80. 82A Patent Co-operation Treaty 42 (1) In this section⎯ “Treaty” means the Patent Co-operation Treaty signed at Washington on the 19th June, 1970. (2) Words or expressions to which a meaning has been assigned in the Treaty shall bear the same meaning when used in this section. (3) Subject to this section, the Treaty shall have the force of law within Zimbabwe. (4) The Patent Office shall act as⎯ (a) a receiving Office in respect of any international application filed with it by a resident or national of Zimbabwe; and (b) a designated Office in respect of any international application in which Zimbabwe is designated for the purposes of obtaining a patent under this Act; and (c) an elected Office in respect of an international application in which Zimbabwe is designated, if the applicant elects Zimbabwe for the purposes of international preliminary examination under Chapter II of the Treaty. (5) Subject to this section, an international application designating Zimbabwe shall be treated as an application for a patent which was lodged under this Act and has as its filing date the international filing date accorded it under the Treaty. (6) An international application filed with the Patent Office as receiving Office shall be⎯ (a) filed in a language prescribed in regulations made under the Treaty; and (b) accompanied by the fee prescribed in terms of section ninety-six. (7) The Registrar, acting in his capacity as an officer of a designated Office or an elected Office, shall not begin processing an international application designating Zimbabwe before the time-limit referred to in subsection (8) has expired, unless the applicant complies with the requirements of that subsection and files at the Patent Office an express request for early processing. (8) Before the expiry of the time-limit applicable under Article 22 or 39 of the Treaty or such later period as may be prescribed in regulations made under the Treaty, a person who has filed an international application designating Zimbabwe shall⎯ (a) pay the Registrar the fee prescribed in terms of section ninety-six: and