Sch. PATENTS ACT (as amended) whether the patent shall be revoked or whether and, if so, subject to what amendments, if any, of the specification or claims thereof, the patent shall be upheld: Provided that the High Court or the Tribunal, as the case may be— (a) shall not allow any amendment of the specification or claims of the patent if it is established to its satisfaction that the original complete specification and claims were not framed in good faith and with reasonable skill and knowledge; and (b) may, in the exercise of its discretion as to costs, take into consideration the conduct of the patentee in framing his original specification and claims and permitting them to remain as so framed. (8) An order for the revocation of a patent under this section may be made so as to take effect either unconditionally or in the event of failure to comply, within such reasonable period as may be specified in the order, with such conditions as may be imposed by the order with a view to achieving the purposes for which an order may be made in pursuance of an application under section thirty-one, and the High Court or the Tribunal, as the case may be, may, on reasonable cause shown in any case, by subsequent order extend any period so specified. (9) The registrar of the Tribunal shall inform the Registrar of any application 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). 46 Consequences of revocation on grounds of fraud (1) Where— (a) a patent is revoked on the ground of fraud; or (b) a patent fraudulently obtained has been surrendered and revoked; or (c) the grant of a patent has been refused under the provisions of paragraph (b) of subsection (1) of section seventeen; the Tribunal may, on the application of the person entitled to the invention for Zimbabwe or his legal representative, made in accordance with this Act, direct the grant to him of a patent for the whole or any part of the invention, bearing the same date as the patent so revoked or as would have been borne by the patent which has been refused if the grant thereof had not been refused. (2) Where, in proceedings before the Tribunal in connection with opposition to the grant of a patent, the Tribunal has found that the subject-matter was in part obtained from the objector and has required that the specification be amended by the exclusion of that part of the matter, the Tribunal may direct that, on the application of the inventor or any person claiming through or under him made in accordance with this Act within three months after the date of the direction or within such further period as the Tribunal may allow, a patent for that excluded part of the matter bearing the date of and having the same effective date as the opposed application be granted to the applicant concerned. (3) No action shall be brought for any infringement of a patent committed— (a) in the case of a patent granted under subsection (1), before the date of sealing thereof; or (b) in the case of a patent granted under subsection (2), before the date of advertisement of acceptance of the complete specification lodged in pursuance of the application for such patent. 47 Surrender of patents (1) A patentee may at any time, by notice given to the Registrar, offer to surrender his patent. (2) Where an offer in terms of subsection (1) is made, the patentee shall advertise the offer in the Journal, and within the prescribed period after such advertisement any person interested may give notice to the Registrar of opposition to the surrender. (3) Where any notice of opposition in terms of subsection (2) is duly given, the Registrar shall notify the patentee. (4) If, after hearing the patentee and any opponent who is desirous of being heard, the Registrar is satisfied that the patent may properly be surrendered, he may accept the offer and by order revoke the patent and he shall give notice of any such revocation in the Journal: Provided that if no notice of opposition has been duly given it shall not be necessary for the Registrar to hear the patentee. (5) An appeal shall lie from any decision of the Registrar under this section. PART VI INFRINGEMENTS 47A Interpretation in Part VI34 In this Part⎯ "Court", in relation to proceedings for an infringement of a patent, means the Tribunal or the court in which the proceedings have been instituted. 48 Procedure and conditions in action for infringement (1) An action for infringement of a patent may only be instituted by the patentee or the exclusive licensee. (1a)35 An action for infringement of a patent may be instituted— (a) in the Tribunal; or (b) in the High Court; or (c) subject to the jurisdictional limits provided for in the Magistrates Court Act [Chapter 7:10], in a magistrates court. (2)36 Subject to any rules of court, the following provisions shall apply in connection with an action for infringement— (a) any ground upon which a patent may be revoked under this Act may be relied upon by way of defence; (b) the defendant may, by way of counter-claim in the action, apply for the revocation of the patent; (c) the plaintiff shall, with his statement of claim or declaration or on the order of the Court at any subsequent time, deliver full particulars of the infringement complained of; (d) the defendant shall, with his statement of defence or plea or on the order of the Court at any subsequent time, deliver particulars of any objections on which he relies in support thereof; (e) at the hearing no evidence shall, except by leave of the Court, be admitted of any infringement or on any objections of which particulars have not been so delivered in terms of paragraph (c) or (d); (f) the Court may allow the patentee to amend his specification, subject to such terms as to costs, advertisement or otherwise as it may impose and to the provisions of subsection (3) of section thirty-seven.