Sch.
PATENTS ACT (as amended)
(c)
the delay in accepting the specification was not due to
any neglect or default on the part of the applicant:
Provided that if, within twenty-one months from the date
of the lodging of the complete specification, the applicant,
by notice accompanied by the prescribed fee, so requires,
the said period of eighteen months shall be extended to such
period, not exceeding twenty-one months from the date of
the lodging of the complete specification, as may be
specified in that notice.
(2)* If, at the expiration of the period allowed under
subsection (1), an appeal to the Tribunal is pending under
any of this Act in respect of the application or, in the case of
an application for a patent of addition, either in respect of
that application or in respect of the application for the patent
for the main invention, or the time within which such an
appeal could be brought in accordance with Part X, apart
from any future extension of time thereunder, has expired,
then—
(a) where such an appeal is pending or is brought within
the time aforesaid or before the expiration of any
extension of that time granted, in the case of the first
extension, on an application made within that time or,
in the case of a subsequent extension, on an
application made before the expiration of the last
previous extension, the said period shall be extended
until such date as the Tribunal may determine;
(b) where no such appeal is pending or is so brought, the
said period shall continue until the end of the time
aforesaid or, if any extension of that time is granted
as aforesaid, until the expiration of the extension or
the last extension so granted.
16 Acceptance and publication of complete
specification and cancellation thereof
(1) Subject to section fifteen, the complete specification
may be accepted by the Registrar at any time after the
applicant has complied with the requirements imposed upon
him by this Act:
Provided that the applicant may give notice to the Registrar requesting him to postpone acceptance until such date,
not being later than eighteen months from the date of
lodging of the complete specification, as may be specified in
the notice and the Registrar may postpone acceptance
accordingly.
(2) Subject to subsection (5), on the acceptance of a
complete specification the Registrar shall give notice to the
applicant who shall, within the prescribed period or within
such further period as the Registrar may allow, advertise in
the Journal the fact that the specification has been accepted
and, unless the acceptance of the specification is so advertised, the application shall lapse.
(3) Upon advertisement in terms of subsection (2) the
application form, the specification and the other documents
essential to obtain acceptance which were lodged in pursuance thereof shall be open to public inspection unless the
acceptance of the complete specification has been cancelled
in terms of subsection (5) before such advertisement.
(4) After the date of the publication in terms of subsection (2) of notice of acceptance of a complete specification
and until the sealing of a patent in respect thereof, the
applicant shall have the like privileges and rights as if a
patent for the invention had been sealed on the date of the
publication of the notice unless the acceptance of the
complete specification has been cancelled in terms of
subsection (5) before that date.
(5) If so requested before the advertisement in the Journal in terms of subsection (2) of the acceptance of a specification, the Registrar may at any time prior to the publication
of such advertisement cancel in the prescribed manner the
acceptance of that complete specification and on such
cancellation he shall—
(a) make a note thereof in the Register; and
(b) if the advertisement of the acceptance is subsequently
published in the Journal, cause notice of the cancellation of the acceptance of the specification to be published in the Journal.
(6) The cancellation of the acceptance of a complete
specification in terms of subsection (5) shall not preclude
the Registrar from re-accepting that complete specification
at a later date if at the time the applicant requested the
cancellation he also gave notice to the Registrar such as is
referred to in the proviso to subsection (1).
17 Opposition to grant of patent
(1) Any person interested, including the State, may within three months from the date of the advertisement of the
acceptance of a complete specification which has not been
cancelled in terms of subsection (5) of section sixteen or
within such further period as the Registrar, on application
made to him within the said period of three months, may
allow, or, with the consent of the applicant, at any time
before the sealing of the patent, oppose the grant of a patent
in accordance with this section by giving written notice to
the registrar of the Tribunal of opposition to such grant on
any of the following grounds and no others—
(a) that the applicant is not a person entitled under
section six to make the application;
(b) that the application is in fraud of the rights of the
person giving such notice or of any persons under or
through whom he claims;
(c) that the invention does not relate to an art, whether
producing a physical effect or not, process, machine,
manufacture or composition of matter which is capable of being applied in trade or industry;
(d) subject to section twenty-six, that the invention is
obvious in that it involves no inventive step having
regard to what was common knowledge in the art at
the effective date of the application;
(e) that the invention, in so far as is claimed in any claim
of the complete specification, is not useful;
(f)
that the complete specification does not fully describe
and ascertain the invention and the manner in which
it is to be performed;
(g) that the claims of the complete specification do not
sufficiently and clearly define the subject-matter for
which protection is claimed;
(h) that the complete specification does not disclose the
best method of performing the invention known to the
applicant at the time when the specification was
lodged at the Patent Office;
(i)
that the application form or any other document filed
in pursuance of the application contains a material
misrepresentation;
(j)
that the matter described or claimed in the complete
specification is not the same as that described in the
provisional specification, and—
(i) in so far as it is not described in the provisional
specification, was not new at the date when the
complete specification was lodged at the Patent
Office; or
(ii) forms the subject of a pending application made
in Zimbabwe for a patent the effective date of