PATENTS ACT (as amended)
which is prior to the date on which the complete
specification was lodged at the Patent Office;
(k) in the case of a Convention application, that the
specification describes or claims matter other than
that for which protection has been applied for in the
Convention country and that such other matter either—
(i) forms the subject of an application for a patent
in Zimbabwe which, if granted, would bear a
date in the interval between the lodging of the
application in the Convention country and the
effective date of the application in Zimbabwe;
or
(ii) is not an invention as defined in this Act;
(l)
that the invention was not new at the effective date of
the application;
(m) that the specification includes claims which, in terms
of subsection (1) of section thirteen, should have
been refused.
(2) Any notice of opposition given under subsection (1)
shall—
(a) state the grounds on which the objector intends to
oppose the grant of the patent; and
(b) be accompanied by a statement setting out particulars
of the facts alleged in support of the said grounds;
and proof of service on the applicant concerned of a copy of
such notice and of such statement shall be furnished to the
registrar of the Tribunal.
(3) A copy of any notice given under subsection (1) and
of any statement which in terms of subsection (2) accompanies such notice shall be served by the objector on the
applicant for the patent.
(4) If the applicant wishes to contest the opposition, he
shall, within such time as is prescribed or such further time
as the registrar of the Tribunal may allow, lodge with him a
counter-statement setting out particulars of the grounds
upon which the opposition is to be contested.
(5) A copy of any counter-statement in terms of subsection (4) lodged with the registrar of the Tribunal shall be
served by the applicant on the objector concerned.
(6) Particulars delivered in terms of this section may
from time to time, with the leave of the registrar of the
Tribunal, be amended.
(7) No evidence shall be admitted in proof of any ground
on which particulars have not been delivered in terms of this
section, except by leave of the Tribunal.
(8) After receiving a notice of opposition under subsection (1) and compliance with any other provisions of this
section which are applicable the registrar of the Tribunal
shall arrange for the matter to be heard by the Tribunal in
the manner prescribed and the Tribunal may make such
order therein as it considers just:
Provided that if before the Tribunal hears the matter a
request is made in terms of section thirty-seven for the
amendment of the specification concerned, proceedings in
connection with the notice of opposition shall be suspended
until such time as the request for such amendment has been
heard and determined after which the proceedings in
connection with the notice of opposition may be—
(a) continued, in which case such notice and any statement in connection therewith may be amended and
the periods specified in this section extended to such
extent as the registrar of the Tribunal may permit; or
(b) withdrawn, in which case the objector may apply to
the Tribunal for an award in respect of the costs incurred by him in connection with the objection.
ss 1–2
(9) Upon being notified of the order of the Tribunal by
the registrar thereof, the Registrar shall take such further
action therein as may be necessary.
(10) The registrar of the Tribunal shall inform the Registrar of any notice of opposition or counter-statement which
is lodged with him in terms of this section and of any
amendment of particulars which is permitted in terms of
subsection (6).
18 Substitution of applicants
(1) If the Registrar is satisfied, on a claim made in the
prescribed manner at any time before a patent has been
granted, that, by virtue of any assignment or agreement
made by the applicant or one of the applicants for a patent or
by virtue of this Act or by operation of law, the claimant
would, if the patent were then granted, be entitled thereto or
to the interest of an applicant therein or to an undivided
share of the patent or of that interest, the Registrar may,
subject to this section, direct that the application shall
proceed in the name of the claimant or in the names of the
claimant and the applicant or the other joint applicant or
applicants, as the case may require.
(2)* Subject to subsection (4), no direction in terms of
subsection (1) shall be given by virtue of any assignment or
agreement for the assignment of the right to an invention
which is made by one or two or more joint applicants for a
patent except with the consent of the other joint applicant or
applicants.
(3) Subject to subsection (4), no direction in terms of
subsection (1) shall be given by virtue of any assignment or
agreement for the assignment of the right to an invention
unless—
(a) the invention is identified therein—
(i) by reference to the number of the application
for the patent; or
(ii) in such other manner as appears to the Registrar
to be sufficient;
or
(b) there is produced to the Registrar an acknowledgement by the person by whom the assignment or
agreement was made that the assignment or agreement relates to the invention in respect of which that
application is made.
(4) Subsections (2) and (3) shall not preclude a direction
in terms of subsection (1) being given where the rights of
the claimant in respect of the invention have been finally
established by a decision of the Tribunal or any court to
which an appeal against such a decision has been brought.
(5) Where one or two or more joint applicants for a patent has died at any time before the patent has been granted,
the Registrar, if satisfied of such decease—
(a) may alter the application by substituting the legal
representative of such deceased applicant; and
(b) shall thereafter seal the application in the names of
the surviving applicants and of such legal representative;
unless, upon a request in that behalf made by the survivor or
survivors and with the consent of the legal representative,
the Registrar directs that the application shall proceed and
be sealed in the name of the survivor or survivors alone.
(6) If any dispute arises between joint applicants for a
patent whether or in what manner the application should be
proceeded with, the Registrar may, upon application made
to him in the prescribed manner by any of the parties and
after giving to all parties concerned an opportunity to be
heard, give such directions as he thinks fit for enabling the
application to proceed in the name of one or more of the