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

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