PATENTS ACT (as amended) authorized by the Minister under this section to make, use and exercise an invention shall include power— (a) to sell such articles to the government of any country in pursuance of any such agreement or arrangement as aforesaid; and (b) to sell to any person any articles made in the exercise of the powers conferred by this section which are no longer required for the purpose for which they were made: Provided that33 any such use as provided for herein shall be permitted to remedy a practice determined after judicial or administrative process to be anti-competitive. (7) The purchaser of any articles sold in the exercise of powers conferred by this section and any person claiming through him shall have power to deal with them in the same manner as if the patent were held on behalf of the President. (8) Regulations in terms of section ninety-six may govern the rights of third parties in relation to any use of a patented invention, or an invention in respect of which an application for a patent is pending, made for the service of the State in terms of this section or section thirty-five. 35 Special provisions as to State use during emergency (1) During any period of emergency the powers exercisable in relation to an invention by a department of the State or a person authorized by the Minister under section thirtyfour shall include power to make, use, exercise and vend the invention for any purpose which appears to the Minister necessary or expedient— (a) for the efficient prosecution of any war in which Zimbabwe may be engaged; or (b) for the maintenance of supplies and services essential to the life of the community; or (c) for securing a sufficiency of supplies and services essential to the well-being of the community; or (d) for promoting the productivity of industry, commerce or agriculture; or (e) for fostering and directing exports and reducing imports or imports of any classes, from all or any countries and for redressing the balance of trade; or (f) generally, for ensuring that the whole resources of the community are available for use, and are used, in a manner best calculated to serve the interests of the community; or (g) for assisting the relief of suffering and the restoration and distribution of essential supplies and services in any part of Zimbabwe or any foreign country that is in grave distress as the result of war; and any reference in that section or in section thirty-six to the service of the State shall be construed as including a reference to the purposes referred to in paragraphs (a) to (g). (2) In subsection (1)— “period of emergency” means any period beginning on such date as may be declared by the Minister, by statutory instrument, to be the commencement and ending on such date as may be so declared to be the termination of a period of emergency. 36 Reference of disputes as to State use (1) Any dispute as to— (a) the exercise by a department of the State or a person authorized by the Minister of the powers conferred by section thirty-four; or (b) the terms for the use of an invention for the service of the State thereunder; or ss 1–2 (c) the compensation payable upon a reference to the Tribunal under subsection (4) of section twenty; or (d) the right of any person to receive any part of a payment determined in terms of paragraph (b) or (c); may be referred to the Tribunal by any party to the dispute in such manner as may be prescribed. (2) In any proceedings under this section to which a department of the State is a party, the Minister may— (a) if the patentee is a party to the proceedings, apply for revocation of the patent upon any ground upon which a patent may be revoked under section forty-five; (b) in any case, put in issue the validity of the patent without applying for its revocation. (3) If in any proceedings under this section any question arises whether an invention has been recorded or tried as mentioned in section thirty-four or has been used by or on behalf of or to the order of a department of the State under subsection (3) of section twenty, and the disclosure of any document recording the invention or of any evidence at the trial or use thereof would, in the opinion of the Minister, be prejudicial to the public interest, the disclosure may be made confidentially to the legal practitioner, if any, appearing for the other party or to an independent expert agreed upon by the parties. (4) In determining under this section any dispute between a department of the State and any person as to terms for the use of an invention for the service of the State, the Tribunal shall have regard to any benefit or compensation which that person or any person from whom he derives title may have received or may be entitled to receive, directly or indirectly, from any department of the State in respect of the invention in question. PART V SPECIAL PROVISIONS RELATING TO SPECIFICATIONS, ANTICIPATION AND RIGHTS IN INVENTIONS 37 Amendment of specification by Registrar (1) Subject to this section, an applicant for a patent or a patentee may at any time, by request in writing lodged at the Patent Office, seek leave to amend either his provisional or his complete specification. including drawings forming part thereof, and shall in making any such request state the nature of the proposed amendment and the reasons therefor. (2) Where there are joint applicants or patentees, a request in terms of subsection (1) shall be made by them jointly or by one or more of them with the written consent of the other or others, and in the case of disagreement between them the Registrar may, if satisfied that one or more of them should be allowed to proceed alone and subject to such conditions as he may impose, permit the request to be made without the consent of the others: Provided that all parties interested shall be notified by the applicant of the request and be entitled to be heard before any decision is given thereon. (3) After the acceptance of a complete specification— (a) no amendment thereof shall be effected except by way of disclaimer, correction or explanation; and (b) no amendment thereof shall be allowed, except for the purpose of correcting an obvious mistake or a false statement which was made in the belief that it was true, the effect of which would be that— (i) the specification as amended would claim or describe matter not in substance disclosed in the specification before the amendment; or (ii) any claim of the specification as amended would not fall wholly within the scope of a