- THE PATENTS ACT CHAPTER 400
- ARRANGEMENT OF SECTIONS
- PART I PRELIMINARY
- PARTll ADMINISTRATION
- PART III INTERNATIONAL PROVISIONS
- PART IV APPLICATIONS GENERALLY
- Persons entitied to make application
- Form of application
- Complete and provisional specifications
- Contents of specification
- Effective date of claims of complete specification
- Examination of applications and specifications
- Ante-dating and postdating of applications
- Refusal of application in certain cases
- Powers of Registrar if specification or application defective
- Lapsing of applications
- Acceptance and publication of complete specification
- Opposition to grant of patent
- Substitution of applicants
- Provisions for secrecy of certain inventions
- PART V GRANT, EFFECT AND TERM OF PATENT
- Grant and sealing of patent
- Amendment of patent granted to deceased applicant
- Date of patent
- Extent, effect and form of patent
- Term of patent
- Extension of patent
- Patents of addition
- Renewal of patents
- Restoration of lapsed patents
- Protective provisions to be inserted in order for restoration of patent
- Endorsement of patent "licences of right"
- Cancellation of endorsement made under section 35
- Compulsory licence in case of abuse or insufficient use of patent rights
- Inventions relating to food or certain other commodities
- Supplementary provisions as to licences
- Use of patented inventions for services of the State
- Special provisions as to State use during emergency
- Reference of disputes as to State use
- PART VI SPECIAL PROVISIONS RELATING TO SPECIFICATIONS, ANTICIPATION AND RIGHTS IN INVENTION
- Amendment of specification by Registrar
- Amendment of specification with leave of High Court
- Restrictions on recovery of damages in certain cases
- Savings for anticipation
- Co-ownership of patents
- Disputes as to inventions made by employees
- Avoidance of certain restrictive conditions in contracts
- Revocation of patents
- Consequences of revocation on grounds of fraud
- Surrender of patents
- PART VII INFRINGEMENTS
- PART VIII ASSIGNMENTS AND CORRECTIONS
- PART IX FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE, DOCUMENTS AND POWERS
- PART X PATENT AGENTS
- PART XI APPEALS
- PART XII OFFENCES AND PENALTIES
- PART XIII MISCELLANEOUS
- PART XIV APPLICATION AND TRANSITIONAL PROVISIONS
[CAP. 400 REPUBLIC OF ZAMBIA
THE PATENTS ACT
CiIAPTER 400 ·:JF THE LAWS OF ZAMBIA
CAP. 400] Patents
CHAPTER 400
THE PATENTS ACT
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section PART II
ADMINISTRATION PART III
INTERNATIONAL PROVISIONS lOA. ARIPO Patents
PART IV APPLICATIONS GENERALLY Patents [CAP. 400
Section PARTY
GRANT. EFFECT AND TERM OF PATENT PARTYI
SPECIAL PROVISIONS RELATING TO SPECIFICATIONS, CAP. 400] Patents
Section PART VII
lNFRINGEMENTS PARTvm
ASSIGNMENTS AND CORRECTIONS PART IX
FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE, DOCUMENTS AND POWERS Patents [CAP. 400
PART X
PATEN')" AGENTS
Section PART XI
ApPEALS
73. Appeals from Registrar 78. Appeals to Supreme Court
79. Repealed by Act No. 18 of 1980 PART XII
OFFENCES AND PENALTIES
83. Falsification of certain documents CAP. 400] Patents
PART XIII
MISCELLANEOUS
Section PART XIV
APPLICATION AND TRANSmONAL PROVISIONS
97. Application of Act
CHAPTER 400
PATENTS
An Act to make provision relating to patents for inventions and . for other purposes incidental thereto.
[I st April, 1958]
PART I
PRELIMINARY
I. This Act may be cited as the Patents Act.
2. (I) In this Act. unless the context otherwise requires-
I
"applicant" includes a person in whose favour a direction has been given undersection twenty-three. or his legal representative;
"article" includes any substance or material. and any equipment. machinery or apparatus. whether affixed to land or not;
I
"assignee" means
, "Convention" means the Union Convention of Paris, dated the 20th March. 1883. for the Protection of Industrial Property, revised at Brussels on the 14th December, 1900. at Washington on the 2nd June. 1911, at The Hague on the 6th November, 1925. and at London on the 2nd June, 1934, and any revision thereof to which the *former Federation of Rhodesia and Nyasaland or the former Protectorate of Northern Rhodesia may have acceded or to which the **Rcpublic may accede in terms of section seven;
"convention application" means an application made by a person referred to in paragraph (c) of section eleven;
"convention country", in relation to any provision of this Act. means a country (including any colony, protectorate or territory subject to the authority or under the suzerainty of that country. or any territory over which a mandate or trusteeship is exercised) which the Minister has, with a view to the fulfilment of the provisions of the Convention. by statutory r"!otice. declared to be a convention country;
• Acceded with effect from 15t April, 1958. (F.G.N. No. 39 of 1958.) Federal Acts 13 of 1957 12of 1959 36 of 1960 IIJfl962
Act No. 26 af 19R7 Act No. III of 19110 Act No. 1:\ of 1994 Government Notices 185 o{ 1964 497 of 1964 Statutorv Instrument 175of 1965
Short title
Interpretation
CAP. 400]
Cap. 30
"date of lodging", in relation to any document lodged under this Act, means the date on which the document is lodged or, where it is deemed by virtue of any provision of this Act to have been lodged on any different date, the date on which it is deemed to have been lodged;
"effective date" means, in relation to "examiner" me,ans an examiner appointed under sectionfour;
"exclusive licence" means a licence from a patentee which confers on the licensee, or on the licensee and.persons authorised by him, to the exclusion of all other persons (including the patentee), any right in respect of the patented invention, and "exclusive licensee" shall be construed accordingly;
"invention" means any new and useful art (whether producing a physical effect or not), process, machine, manufacture or composition of matter which is not obvious, or any new and useful improvement thereof which is not obvious, capable of being used or applied in trade or industry and includes an alleged invention;
"inventor" means the person who actually devised the invention and includes the legal representative of an inventor. but does not include a person to whom an invention has been communicated either from within or outside Zambia;
"legal practitioner" means a person admitted or otherwise entitled to practise as a barrister and solicitor in terms of the Legal Practitioners Act;
"legal representative" means "new", in relation to an invention, means, subject to the provisions of sections eight, ten and forty-six. that, on or before the effective date of application for a patent in respect thereof, the invention was not
ANTICIPATION AND RIGHTS IN INVENTIONS
84 Deceiving or influencing the Registrar or an officer
•• Acceded with effect from 24th October. 1964.(G.N. No. 1751 of 1965.)