PATENTS ACT (as amended) and the date on which the patent is sealed shall be entered in the Register. (2)* Subject to the provisions of this Act relating to patents of addition, a request under this section for the sealing of a patent shall be made not later than the expiration of six months from the date of the publication of the complete specification: Provided that— (i) where at the expiration of the said six months any proceeding in relation to the application for the patent is pending in the High Court or before the Registrar or the Tribunal, the request may be made within the prescribed period after the final determination of that proceeding;* (ii) where the applicant or one of the applicants has died before the expiration of the time within which under this subsection the request could otherwise be made, the request may be made at any time within-twelve months after the date of the death or at such later time as the Registrar may allow. (3) The period within which a request for the sealing of a patent may, in terms of subsection (2), be made may from time to time be extended by the Registrar to such longer period as may be specified in an application made to him in that behalf if the application is made and the prescribed fee paid within that longer period: Provided that the first-mentioned period shall not be extended under this subsection by more than six months or such shorter period as may be prescribed. (4) Where in any case— (a) the longest period for making a request for the sealing of a patent allowable in that case by or under subsection (1), (2) or (3) has been allowed; and (b) it is proved to the satisfaction of the Registrar that hardship would arise in connection with the prosecution by an applicant of an application for a patent in any country outside Zimbabwe unless that period was extended; the period referred to in paragraph (a) may be extended from time to time by the Registrar to such longer periods as appear to him to be necessary in order to prevent that hardship arising if an application in that behalf is made to him and the prescribed fee is paid within the first-mentioned period or, in the case of a second or subsequent application under this subsection, within the period to which that period was extended on the last preceding application under this subsection. (5) For the purposes of this section, a proceeding shall be considered— (a) to be pending, so long as the time for any appeal therein, apart from any future extension of that time, has not expired; (b) to be finally determined, when the time for any appeal therein, apart from any future extension of that time, has expired without the appeal being brought. 22 Amendment of patent granted to deceased applicant* Where, at any time after a patent has been sealed in pursuance of an application under this Act, the Registrar is satisfied that the person to whom the patent was granted has died or, in the case of a body corporate, had ceased to exist before the patent was sealed, he may amend the patent by substituting for the name of that person the name of the person entitled thereto according to law, and the patent shall have effect and shall be deemed always to have had effect accordingly. ss 1–2 23 Date of patent (1) Subject to this Act, the date of a patent shall be— (a) in the case of a patent granted under this Act or the Patents Act, 1957 (No. 13 of 1957), the effective date of the application therefor; (b) in the case of a patent granted under the Patents Act [Chapter 222 of 1939] or the Patents (Transitional Provisions) Act, 1958 (No. 5 of 1958), the date of application therefor. (2) The date of a patent referred to in paragraph (a) of subsection (1) shall be entered in the Register and in the patent. 24 Extent, effect and form of patent (1) Subject to this Act, a patent shall have the same effect against the State as it has against a subject. (2) A patent shall be in such form as may be prescribed. (3) A patent shall be granted for one invention only but it shall not be competent for any person in an action or other proceeding to take any objection to a patent on the ground that it has been granted for more than one invention. (4)9 The effect of a patent shall be to grant the patentee, subject to this Act and the conditions of the patent, full power, sole privilege and authority by himself, his agents and licensees during the term of the patent— (a) where the invention is a machine, manufacture or composition of matter— (i) to make, use, offer for sale or sell that machine, manufacture or composition of matter within Zimbabwe; and (ii) to import that machine, manufacture or composition of matter into Zimbabwe for the purpose of making it, using it, offering it for sale or selling it; (b) where the invention is an art or process— (i) to use that art or process within Zimbabwe; and (ii) to use, offer for sale or sell within Zimbabwe any manufacture or product obtained directly by that art or process; and (iii) to import into Zimbabwe any manufacture or product obtained directly by that art or process; in such manner as he thinks fit, so that he enjoys the whole profit and advantage accruing from the invention during the term of the patent (5)10 The rights granted in subsection (4) shall not be construed as prohibiting any person from making, constructing, using or selling the patented invention solely for uses reasonably related to the development and submission of information required under any law that regulates the manufacturing, construction, use or sale of any product. (6)11 The rights granted in subsection (4) shall not have effect in relation to a product which has been put on the market in any country by the patent holder or by an authorised person. 24A Parallel importation of patented products etc. 12 A patented product which has been put on the market in another country by a patentee may be imported into Zimbabwe, without the consent of the patentee, if the cost of importing such product is less than the cost of purchasing from the patentee. 24B Test batches of patented products 13 (1) Test batches of a patented product may be produced without the consent of the patentee six months before the expiry of the patent:

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