Sch.
PATENTS ACT (as amended)
(3) An application which has been withdrawn, abandoned or refused shall not, after the lodging of the subsequent application, be capable of supporting a claim for
priority rights under this section.
(4) Where all the rights of each of two or more applicants
referred to in subsection (1) who have made application for
protection of inventions in any one or more Convention
countries have become vested in the same person, those
applications shall, for the purposes of subsection (4) of
section eight, be deemed to have been made by the same
applicant.
(5) Where an applicant referred to in subsection (1) has
applied for protection for any invention by an application
which, in accordance with the law of any Convention
country, is equivalent to an application duly made in that
Convention country, he shall be deemed, for the purposes of
this section, to have applied in that Convention country.
(6) In determining, for the purposes of this Act, whether
an invention described or claimed in a specification lodged
in the Patent Office is the same as that for which protection
has been applied for in a Convention country, regard shall
be had to the disclosure contained in the whole of the
documents put forward at the same time as and in support of
the application in the Convention country, being documents
of which copies have been lodged at the Patent Office
within such time and in such manner as may be prescribed.
(7) A patent granted in Zimbabwe for an invention upon
an application referred to in this section shall not be invalidated by reason only of—
(a) the invention having been known or used or published in Zimbabwe or elsewhere on or after the effective date of the application in the Convention
country in which application was first made; or
(b) the granting in Zimbabwe, after the effective date of
the application in the Convention country, of a patent
to another person for the same invention:
Provided that—
(i) the effective date of the patent of such other
person shall not be prior to effective date in
Zimbabwe of the Convention application;
(ii) the Convention patentee shall be entitled to
have the patent of such other person revoked
upon due application under and compliance
with the provisions of section forty-five.
(8) An application for a patent referred to in this section
shall be made in the manner specified in section seven, save
that the application shall be accompanied by a complete
specification.
81 Special provisions as to vessels, aircraft and
land vehicles
(1) Where a vessel or aircraft registered in a Convention
country or a land vehicle owned by a person ordinarily
resident in such a country comes into Zimbabwe temporarily
or accidentally only, the rights conferred by a patent for an
invention shall not be deemed to be infringed by the use of
the invention—
(a) in the body of the vessel or in the machinery, tackle,
apparatus or other accessories thereof, so far as the
invention is used on board the vessel and for its actual
needs only; or
(b) in the construction or working of the aircraft or land
vehicle or of the accessories thereof;
as the case may be.
(2) Subsection (1) shall not affect section 17 of the Aviation Act [Chapter 13:03].
82 Protocol on Patents and Industrial Designs
(1) Subject to this section, the Protocol set out in the
Schedule, which was contracted within the framework of the
African Regional Industrial Property Organization, shall
have the force of law within Zimbabwe.
(2) Any patent, in respect of which Zimbabwe is a designated State, granted to an applicant by the African Regional
Industrial Property Organization in accordance with the
provisions of the Protocol set out in the Schedule shall,
mutatis mutandis, have the same effect in Zimbabwe as a
patent granted under this Act subject to such exceptions,
additions, adaptations and modifications as may be necessary to implement the Protocol.
(3) A patent granted under the Protocol set out in the
Schedule, shall, mutatis mutandis, have such protection
where applicable, as is afforded under this Act to a patent
granted in fulfilment of any international agreement in
respect of a Convention country under section 80.
82A Patent Co-operation Treaty 42
(1) In this section⎯
“Treaty” means the Patent Co-operation Treaty signed at
Washington on the 19th June, 1970.
(2) Words or expressions to which a meaning has been
assigned in the Treaty shall bear the same meaning when
used in this section.
(3) Subject to this section, the Treaty shall have the force
of law within Zimbabwe.
(4) The Patent Office shall act as⎯
(a) a receiving Office in respect of any international
application filed with it by a resident or national of
Zimbabwe; and
(b) a designated Office in respect of any international
application in which Zimbabwe is designated for the
purposes of obtaining a patent under this Act; and
(c) an elected Office in respect of an international
application in which Zimbabwe is designated, if the
applicant elects Zimbabwe for the purposes of international preliminary examination under Chapter II of
the Treaty.
(5) Subject to this section, an international application
designating Zimbabwe shall be treated as an application for
a patent which was lodged under this Act and has as its
filing date the international filing date accorded it under the
Treaty.
(6) An international application filed with the Patent
Office as receiving Office shall be⎯
(a) filed in a language prescribed in regulations made
under the Treaty; and
(b) accompanied by the fee prescribed in terms of section
ninety-six.
(7) The Registrar, acting in his capacity as an officer of a
designated Office or an elected Office, shall not begin
processing an international application designating Zimbabwe before the time-limit referred to in subsection (8) has
expired, unless the applicant complies with the requirements
of that subsection and files at the Patent Office an express
request for early processing.
(8) Before the expiry of the time-limit applicable under
Article 22 or 39 of the Treaty or such later period as may be
prescribed in regulations made under the Treaty, a person
who has filed an international application designating
Zimbabwe shall⎯
(a) pay the Registrar the fee prescribed in terms of
section ninety-six: and
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