PATENTS ACT (as amended)
ss 1–2
tion or investigation or report or other proceeding consequent thereon.
(3) An appeal shall lie from any decision of the Registrar
under subsection (1) or (2).
12 Ante-dating and post-dating of applications
and specifications
(1) At any time after an application has been lodged
under this Act and before acceptance of the complete
specification, the Registrar may, at the request of the
applicant and upon payment of the prescribed fee, direct that
the application shall be post-dated to such date as may be
specified in the request:
Provided that—
(i) no application shall be post-dated under this subsection to a date later than six months from the date on
which it was actually lodged or would, but for this
subsection, be deemed to have been so lodged;
(ii) a Convention application shall not be post-dated
under this subsection to a date later than the last date
on which, under this Act, the application could have been made.
(2) Where an application or specification lodged under
this Act is amended before acceptance of the complete
specification, the Registrar may direct that the application or
specification shall be post-dated to the date on which it is
amended or, if it has been returned to the applicant, to the
date on which it is again lodged under this Act.
(3) Where, at any time after an application or specification has been lodged at the Patent Office and before acceptance of the complete specification, a fresh application or
specification is lodged in respect of any part of the subjectmatter of the first-mentioned application or specification,
the Registrar may direct that the fresh application or
specification shall be ante-dated to a date not earlier than the
date of lodging of the first-mentioned application or
specification.
(4) An appeal shall lie from any decision of the Registrar
under subsection (2) or (3).
14 Powers of Registrar if specification or
application defective
(1) If, in the case of a complete specification lodged in
pursuance of an application for a patent, which application
was accompanied by a provisional specification, the result
of any examination made in terms of subsection (1) of
section eleven is adverse to the applicant in regard to any
matter referred to in that subsection or it is found that the
invention described in the complete specification includes
matter not included in the provisional specification, the
Registrar may, subject to subsection (6) of section nine—
(a) refuse to accept the complete specification until it has
been amended to his satisfaction; or
(b) with the consent of the applicant, cancel the provisional specification and direct that the application be
post-dated to the date upon which the complete specification was lodged at the Patent Office; or
(c) where the complete specification includes matter not
included in the provisional specification—
(i) allow the application to be proceeded with in so
far as the matter included both in the
provisional and in the complete specification is
concerned; and
(ii) allow an application for the additional matter
included in the complete specification to be
made and authorize the application for such additional matter, if lodged at the Patent Office
within such period as he may determine, to be
dated with the date on which the complete specification was lodged at the Patent Office.
(2) If in the case of a Convention application it is found
that the matter claimed is not substantially the same as that
claimed in the application made in the Convention country
in question, the Registrar may, subject to subsection (6) of
section nine—
(a) refuse to accept the application until it has been
amended to his satisfaction; or
(b) with the consent of the applicant, treat the application
as an application which is not a Convention application.
(3) If in the case of a Convention application it is found
that the specification lodged in Zimbabwe includes matter
not included in the specification lodged in the Convention
country, the Registrar may—
(a) allow the application to be proceeded with in so far as
the matter included in both the Convention country
and the Zimbabwe specifications is concerned; and
(b) allow an application for the additional matter to be
made and authorize such application, if lodged at the
Patent Office within such period as he may determine, to be dated with the date on which the Zimbabwe specification was lodged at the Patent Office.
(4) An appeal shall lie from any decision of the Registrar
under subsection (1), (2) or (3).
13 Refusal of application in certain cases
(1)4 Subject to subsection (2), if it appears to the Registrar in the case of any application for a patent that—
(a) it is frivolous on the ground that it claims as an
invention anything obviously contrary to wellestablished natural laws; or
(b)5 the patent applied for cannot be granted by virtue of
section two A; or
(b1)6 the use of the invention in respect of which the
application is made would be generally expected⎯
(i) to endanger public order or public safety; or
(ii) to encourage offensive, immoral or anti-social
behaviour; or
(iii) to endanger human, animal or plant life or
health; or
(iv) to promote serious prejudice to the environment;
or
(c) it claims as an invention a substance capable of being
used as food or medicine which is a mixture of
known ingredients possessing only the aggregate of
the known properties of the ingredients or that it
claims as an invention a process producing such a
substance by mere admixture;
he may refuse the application.
(2)7 An application shall not be refused in terms of
subsection (1) merely because exploitation of the invention
concerned would be contrary to the law of Zimbabwe.
15 Lapsing of applications
(1) If a complete specification is not accepted within
eighteen months from the date of lodging of the complete
specification, the application to which that specification
relates shall lapse unless—
(a) an appeal has been lodged in respect of the application and has not been determined or abandoned; or
(b) the time within which an appeal in respect of the
application may be lodged has not expired; or