CHAPTER 400 - PATENTS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Patents (Manufacture of Patented Antiretroviral Drugs) (Authorisation) Regulations, 2004

Patents (Convention Countries) Notice

Patent Office (Establishment) Order

Patents Regulations

Patents (Appeals) Rules

PATENTS (MANUFACTURE OF PATENTED ANTIRETROVIRAL DRUGS) (AUTHORISATION) REGULATIONS, 2004

[Section 40]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Authority to manufacture antiretroviral drugs

   4.   Antiretroviral drugs to be exported

SI 83 of 2004.

1.   Title

These Regulations may be cited as the Patents (Manufacture of Patented Antiretroviral Drugs) (Authorisation) Regulations, 2004.

2.   Interpretation

In these Regulations unless the context otherwise requires–

“antiretroviral drug” includes any generic drug used in the treatment of persons suffering from HIV/AIDS or an HIV/AIDS related condition;

“patented antiretroviral drug” means any antiretroviral drug in respect of which a patent has been granted and is for the time being in force; and

“period of emergency” means the period commencing on 1stAugust, 2004 and ending on 31stJuly, 2009.

3.   Authority to manufacture antiretroviral drugs

The Minister may, in writing, authorise any Government department or person to manufacture, use or vend, in Zambia, any patented antiretroviral drug during the period of emergency.

4.   Antiretroviral drugs to be exported

Antiretroviral drugs that are manufactured pursuant to Regulation 3 shall not be exported to any place outside Zambia.

PATENTS (CONVENTION COUNTRIES) NOTICE

[Section 2]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Notices

   Notice

   1.   Title

   2.   Convention countries

   3.   Dependencies of convention countries

      FIRST SCHEDULE

      SECOND SCHEDULE

GN 374 of 1963.

1.   Title

This Notice may be cited as the Patents (Convention Countries) Notice.

2.   Convention countries

The countries specified in the First Schedule shall be convention countries.

3.   Dependencies of convention countries

Every country specified in the Second Schedule being a colony, protectorate or territory, subject to the authority or under the suzerainty of a country declared to be a convention country in terms of paragraph 2, or a territory over which a mandate or trusteeship is exercised, shall be a convention country

FIRST SCHEDULE

[Paragraph 2]

CONVENTION COUNTRIES

1.   Algeria

2.   Argentina

3.   Australia

4.   Austria

5.   Bahamas

6.   Bangladesh

7.   Barbados

8.   Belarus

9.   Belgium

10.   Benin

11.   Bolivia

12.   Brazil

13.   Bulgaria

14.   Burkina Faso

15.   Burundi

16.   Cameroon

17.   Canada

18.   Central African Republic

19.   Chad

20.   Chile

21.   China

22.   Congo

23.   Cote d'Ivoire

24.   Croatia

25.   Cuba

26.   Cyprus

27.   Czech Republic

28.   Democratic People's Republic of Korea

29.   Denmark

30.   Egypt

31.   Finland

32.   France

33.   Gabon

34.   Gambia

35.   Germany

36.   Ghana

37.   Greece

38.   Guinea

39.   Guinea-Bissau

40.   Haiti

41.   Holy See

42.   Hungary

43.   Iceland

44.   Indonesia

45.   Iraq

46.   Ireland

47.   Israel

48.   Italy

49.   Japan

50.   Jordan

51.   Kazakhstan

52.   Kenya

53.   Lebanon

54.   Latvia

55.   Lesotho

56.   Libya

57.   Liechtenstein

58.   Luxembourg

59.   Madagascar

60.   Malawi

61.   Malaysia

62.   Mali

63.   Malta

64.   Mauritania

65.   Mauritius

66.   Mexico

67.   Monaco

68.   Mongolia

69.   Morocco

70.   Netherlands

71.   New Zealand

72.   Niger

73.   Norway

74.   Philippines

75.   Poland

76.   Portugal

77.   Republic of Korea

78.   Republic of Macedonia (the former Yugoslav Republic)

79.   Republic of Moldova

80.   Romania

81.   Russian Federation

82.   Rwanda

83.   San Marino

84.   Senegal

85.   Slovakia

86.   Slovenia

87.   South Africa

88.   Spain

89.   Sri Lanka

90.   Sudan

91.   Suriname

92.   Swaziland

93.   Sweden

94.   Switzerland

95.   Togo

96.   Trinidad and Tobago

97.   Tunisia

98.   Turkey

99.   Uganda

100.   Ukraine

101.   United Kingdom

102.   United Republic of Tanzania

103.   United States of America

104.   Uruguay

105.   Uzbekistan

106.   Viet Nam

107.   Yugoslavia

108.   Zaire

109.   Zimbabwe

SECOND SCHEDULE

[Paragraph 3]

DEPENDENCIES OF CONVENTION COUNTRIES

1.

Dependency

Convention Country

   (a)   Norfolk Island

Australia

   (b)   Faroe-Islands

Denmark

   (c)   Departments of Guyane, Guadeloupe, Martinique and Reunion and the overseas territories of New Caledonia, French Polynesia, St. Pierre and Miquelon, Wallis and Futuna Islands and the French Southern and Antarctic Territories

France

   (d)   Hong Kong and Isle of Man

United Kingdom

   (e)   Cook Islands, Niue and Tokelau

New Zealand

   (f)   Surinam and the Netherlands Antilles

Netherlands

   (g)   Puerto Rico and all other territories and possessions of the United States of America

United States of America

2.   All other territories not included under (1) of this Schedule and which are dependencies of the convention countries named in the First Schedule.

PATENT OFFICE (ESTABLISHMENT) ORDER

[Section 3]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Office

      SCHEDULE

SI 325 of 1968.

[Order by the Minister]

1.   Title

This Order may be cited as the Patent Office (Establishment) Order.

2.   Establishment of Patent Office

The Patent Office is hereby established at the place described in the Schedule.

SCHEDULE

[Paragraph 2]

The Fourth Floor of the old Bank of Zambia Building situated at plot no. 9-10 Cairo Road, Lusaka.

PATENTS REGULATIONS

[Section 96]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Regulations

PART I
PRELIMINARY

   Regulation

   1.   Title

   2.   Interpretation

PART II
APPLICATION FOR PATENTS AND SPECIFICATIONS

   3.   Appropriate application forms to be used

   4.   Assignee or legal representative to establish right to act

   5.   Cognate application

   6.   Division of application if not cognate

   7.   Evidence in support of convention application

   8.   Division of convention application

   9.   Extension of period for lodging complete specification

   10.   Request for post-dating an application

PART III
DRAWINGS

   11.   When supplied, drawings to accompany specification

   12.   Drawing paper

   13.   Size of sheets, etc.

   14.   Preparation of drawings

   15.   Identification of drawings

   16.   Descriptive matter

   17.   Drawings not to be creased

   18.   Drawings lodged with provisional specification

PART IV
EXAMINATION OF APPLICATIONS AND ACCEPTANCE OF COMPLETE SPECIFICATIONS

   19.   Examination procedure under section 16

   20.   Extension of time under section 20

   21.   Extension of time under section 21

   22.   Publication of acceptance

   23.   Inspection of application, specification and drawings

PART V
OPPOSITION TO GRANT OF PATENT

   24.   Notice of opposition

   25.   Counter-statement

   26.   Filing of evidence by objector

   27.   Filing of evidence by applicant

   28.   Extension of time under regulations 25, 26 and 27

   29.   Proof of service of notices, statements, etc.

   30.   Supply of documents, etc., to High Court

PART VI
SUBSTITUTION OF APPLICANTS, ETC.

   31.   Procedure under subsection (1) of section 23

   32.   Procedure under subsection (5) of section 23

PART VII
SEALING AND FORM OF PATENT AND RENEWAL FEES

   33.   Request for sealing

   34.   Time for sealing under subsection (2) of section 25

   35.   Form of patent

   36.   Amendment of patent

   37.   Payment of renewal fees

   38.   Renewal fees may be paid in advance

   39.   Extension of time for payment

   40.   Certificate of payment

PART VIII
RESTORATION OF LAPSED PATENTS

   41.   Application

   42.   Notice of opposition

   43.   Hearing

PART IX
VOLUNTARY ENDORSEMENT OF PATENTS "LICENCES OF RIGHTS"

   44.   Application under subsection (1) of section 35

   45.   Application under subsection (2) of section 35

   46.   Advertisement of endorsement

   47.   Cancellation of endorsement under subsection (1) of section 36

   48.   Cancellation of endorsement under subsection (2) of section 36

   49.   Advertisement and opposition

PART X
COMPULSORY LICENCES

   50.   Application under section 37

   51.   Preliminary consideration by Registrar

   52.   Opposition

   53.   Supply of documents, etc., to High Court

PART XI
AMENDMENT OF SPECIFICATION

   54.   Application to amend unaccepted specification

   55.   Application to amend accepted complete specification

   56.   Certified copy of original specification to accompany application

   57.   Opposition

   58.   New specification and drawings as amended may be required

PART XII
DIRECTIONS TO CO-OWNERS

   59.   Application under subsection (6) of section 47

   60.   Application under subsection (7) of section 47

PART XIII
DISPUTES AS TO INVENTIONS MADE BY EMPLOYEES

   61.   Application under subsection (1) of section 48

   62.   Hearing

PART XIV
SURRENDER OF PATENT

   63.   Form of offer to surrender a patent

   64.   Opposition

PART XV
REGISTER OF PATENTS

   65.   Register to record grant of patents

   66.   Alteration of entries

   67.   Registration of assignments, etc.

   68.   Copies of documents

   69.   Correction of errors

   70.   Advertisement

   71.   Opposition

   72.   Certified copies of entries, etc.

   73.   Lost patents

PART XVI
PATENT AGENTS

   74.   Application for registration

PART XVII
MISCELLANEOUS

   75.   Prescribed fees

   76.   Prescribed forms

   77.   Size, etc., of documents

   78.   Address for service

   79.   Method and proof of service

   80.   Lodging of documents

   81.   Power of Registrar to fix time and place of proceedings

   82.   Agency

   83.   Refusal to recognise agent

   84.   Signature of documents

   85.   Amendment of documents

   86.   Power of Registrar to waive requirements

   87.   Order of High Court or Supreme Court

   88.   Days and hours of business

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

Act 57 of 1964,

Act 13 of 1994,

GN 251 of 1957,

GN 206 of 1959,

GN 55 of 1960,

GN 363 of 1960,

GN 203 of 1962,

SI 497 of 1964,

SI 38 of 1981,

SI 147 of 1990,

SI 54 of 1995.

[Regulations by the Minister]

PART I
PRELIMINARY

1.   Title

These Regulations may be cited as the Patents Regulations.

2.   Interpretation

In these Regulations, unless the context otherwise requires—

"agent" means a patent agent registered as such in terms of section 68, and includes a legal practitioner;

"Office" means the Patent Office;

"section" means a section of the Act;

"Court" means the High Court.

PART II
APPLICATION FOR PATENTS AND SPECIFICATIONS

3.   Appropriate application forms to be used

   (1) An application, other than a convention application, shall be made in Form No. 1.

   (2) A convention application shall be made in Form No. 2.

   (3) An application for a patent of addition shall be made in Form No. 3.

   (4) An application in terms of subsection (2) of section 31 for the grant of a patent of addition instead of an independent patent shall be made in Form No. 4.

   (5) Every application (other than a convention application) shall be accompanied by either a provisional specification in duplicate in Form No. 5 or a complete specification shall be accompanied in Form No. 6; and every convention application shall be accompanied by a complete specification in duplicate in Form No. 6.

4.   Assignee or legal representative to establish right to act

An application for a patent by an assignee or the legal representative of a person who was the owner of an invention when he died shall be accompanied by the deed of assignment or the probate of the will of the deceased or the letters of administration, as the case may be, or a certified copy thereof, and such further evidence and proof of the applicant's title as the Registrar may require.

5.   Cognate application

Where, in pursuance of subsection (3) of section 13, the Registrar allows a single complete specification to be proceeded with in respect of two or more applications in respect of which two or more complete specifications have been lodged, the single complete specification may include any matter disclosed in any of the said specifications and shall be deemed to have been lodged on such date, not earlier than the earliest date on which all the matter disclosed in the said single complete specification has been disclosed to the Office in or in connection with the applications, as the Registrar may direct.

6.   Division of application if not cognate

Where a complete specification has been lodged pursuant to two or more applications accompanied by provisional specifications for inventions which the applicant believes to be cognate or modifications one of another and the Registrar is of the opinion that such inventions are not cognate or modifications one of another, the Registrar may allow the complete specification to be divided into such number of complete specifications as may be necessary to enable the applications to be proceeded with as two or more separate applications for patents.

7.   Evidence in support of convention application

   (1) In addition to the specification lodged with every convention application, there shall be lodged with the application, or within six months thereafter, a copy of the specification and drawings or documents lodged in respect of the relevant first application or applications for protection in a convention country, duly certified by the official chief or head of the patent office of the convention country, or otherwise verified to the satisfaction of the Registrar.

   (2) If any specification or other document relating to the application is in a foreign language, it shall be accompanied by a translation thereof in the English language verified to the satisfaction of the Registrar.

8.   Division of convention application

Where a single convention application has been made in respect of all or part of the inventions in respect of which two or more applications for protection have been made in one or more convention countries, the Registrar may, if he is satisfied that the claims of the specification lodged with the said convention application relate to more than one invention, allow one or more further applications to be lodged and the specification to be divided into such number of specifications as may be necessary to enable two or more separate convention applications to be proceeded with, and may direct that the said applications be deemed to have been lodged on the date of lodging of the original application.

9.   Extension of period for lodging complete specification

A request in terms of subsection (2) of section 13 for an extension of time for lodging a complete specification shall be made in Form No. 7.

10.   Request for post-dating an application

A request in terms of subsection (1) of section 17 for the post-dating of an application shall be made in Form No. 8.

PART III
DRAWINGS

11.   When supplied, drawings to accompany specification

Drawings, when supplied, shall accompany the provisional or complete specification to which they refer, except in the case provided for by regulation 18. A true copy of the original drawings shall be lodged at the same time as the original drawings.

12.   Drawing paper

   (1) Drawings shall be made on pure white tough drawing paper, not thinner than 100 sheets to the inch, of smooth surface and good quality, and without colour or washes, in such a way as to admit of being clearly reproduced on a reduced scale by photography.

   (2) Mounted drawings may not be used.

13.   Size of sheets, etc.

   (1) Drawings shall be on sheets which measure 13 inches from top to bottom and are either 8 inches or 16 inches wide, and shall be made on one side of the paper only and have 1 ½ inches clear binding margin on the left-hand side of the sheet and a 1/2 inch clear margin on the top, bottom and right-hand side of the sheet.

   (2) If there are more figures than can be shown on one of the smaller sized sheets, two or more of these sheets shall be used unless the large size is required by the size of any one figure.

   (3) An exceptionally large figure may be continued on subsequent sheets.

   (4) No more sheets shall be employed than are necessary.

    (5) The figures shall be numbered consecutively without regard to the number of sheets, and shall as far as possible be arranged in numerical order, separated by a sufficient space to keep them distinct.

   (6) Where figures on a number of sheets form in effect a single complete figure, they shall be so arranged that the complete figure can be assembled without concealing any part of another figure.

14.   Preparation of drawings

Drawings shall be prepared in accordance with the following requirements:

      (a)   they shall be executed in durable black or very dark markings;

      (b)   each line shall be firmly and evenly drawn, sharply defined, and of the same strength throughout;

      (c)   section lines, lines for effect, and shading lines shall be as few as possible, and shall not be closely drawn;

      (d)   shading lines shall not contrast excessively in thickness with the general lines of the drawing;

      (e)   sections and shading shall not be represented by solid black or washes;

      (f)   they shall be on a scale sufficiently large to show the invention clearly, and only so much of the apparatus, machine or article may appear as effects this purpose;

      (g)   if the scale is given, it shall be drawn and not denoted by words, and no dimensions may be marked on the drawings;

      (h)   where convenient, the figures shall be drawn in an upright position in regard to the top and bottom of the sheet;

      (i)   subject to any special directions of the Registrar in any particular case, reference letters and numerals and index letters and numerals used in conjunction therewith shall be bold, distinct and not less than 1/8 inch in height; the same letters or numerals shall be used in different views of the same parts; and where the reference letters or numerals are shown outside the parts referred to, they shall be connected with the said parts by fine lines.

15.   Identification of drawings

   (1) Drawings shall bear—

      (a)   in the left-hand top corner the name of the applicant and, in the case of drawings lodged with a complete specification after one or more provisional specifications, the numbers and years of the applications;

      (b)   in the right-hand top corner the number of sheets of drawings sent and the consecutive number of each sheet, and the words "original" or "true copy", as the case may require;

      (c)   in the right-hand bottom corner the signature of the applicant or his agent.

   (2) The title of the invention shall not appear on the drawings.

16.   Descriptive matter

   (1) No descriptive matter shall appear on constructional drawings, but drawings in the nature of flow sheets may bear descriptive matter to show the materials used and the chemical or other reactions or treatments effected in carrying out the invention.

   (2) Drawings showing a number of instruments or units of apparatus and their interconnections, either mechanical or electrical, where each such instrument or unit is shown only symbolically, may bear such descriptive matter as is necessary to identify the instruments or units or their interconnections.

   (3) Such descriptive matter shall be in black or very dark markings on both the original and the true copy drawings and on the latter the letters shall be not less than 1/4 inch in height.

   (4) No drawing or sketch, other than a graphic chemical formula or a mathematical formula, symbol or equation, shall appear in the verbal part of the specification and if such a formula, symbol or equation is used therein a copy thereof, prepared in the same manner as original drawings, except that it may be a hand-made drawing on tracing-cloth, shall be furnished if the Registrar so directs.

17.   Drawings not to be creased

Drawings shall be delivered at the Office free from folds, breaks or creases which would render them unsuitable for reproduction by photography.

18.   Drawings lodged with provisional specification

If an applicant desires to adopt the drawings lodged with his provisional specification as the drawings or part of the drawings for his complete specification, he shall refer to them in the complete specification as those lodged with the provisional specification.

PART IV
EXAMINATION OF APPLICATIONS AND ACCEPTANCE OF COMPLETE SPECIFICATIONS

19.   Examination procedure under section 16

   (1) When the Registrar, in making the investigation under section 16, finds that the application or specification does not comply with the requirements of subsection (1), the Registrar may refuse to accept the application or require the application or the specification which accompanied it to be amended in such manner as may be necessary.

   (2) The Registrar may appoint a hearing if he considers it desirable to do so, having regard to the time remaining for putting the application in order or other circumstances of the case.

   (3) When a hearing is appointed, the applicant shall be given fourteen days' notice of the appointment or such shorter notice as appears to the Registrar to be reasonable in the circumstances and shall as soon as possible notify the Registrar whether he will attend the hearing.

   (4) After hearing the applicant, or without a hearing if the applicant has not attended or has notified that he does not desire to be heard, the Registrar may direct or permit such amendment of the specification as will be to his satisfaction, and may refuse to accept the specification unless such amendment is made within such period as he may fix.

20.   Extension of time under section 20

An application under section 20 for extension of time for accepting a complete specification shall be given in Form No. 9.

21.   Extension of time under section 21

A notice under the proviso to subsection (1) of section 21 requesting postponement of the acceptance of a complete specification to a date, not being later than eighteen months from the date of lodging of the application, shall be given in Form No. 10.

22.   Publication of acceptance

   (1) When notice of acceptance of a complete specification has been given by the Registrar in terms of subsection (2) of section 21, the applicant shall advertise the acceptance in the Patent Journal within one month of the date of such acceptance or within such further time as the Registrar may allow.

   (2) At any time prior to the publication of the acceptance of a complete specification the Registrar may, if he thinks fit, on application made in Form No. 11, cancel such acceptance.

[As amended by G.N. 55 of 1960]

23.   Inspection of application, specification and drawings

The fee for inspecting an application, specification and drawings shall be as set out in item 49 of the First Schedule.

PART V
OPPOSITION TO GRANT OF PATENT

24.   Notice of opposition

A notice of opposition to the grant of a patent shall be given in Form No. 12.

25.   Counter-statement

The period within which a counter-statement may be lodged by the applicant shall be two months from the date of receipt by him of the notice of opposition. If such counter-statement is not lodged within the said period or within such further period as the Registrar may allow, the application shall be deemed to be abandoned.

26.   Filing of evidence by Objector

The objector may, within two months from the receipt of the copy of the counter-statement, file evidence in accordance with the provisions of section 65 in support of his case and shall serve on the applicant a copy thereof.

27.   Filing of evidence by applicant

Within two months from the receipt of the copy of the objector's evidence or, if the objector does not file any evidence, within two months from the expiration of the time within which the objector's evidence might have been filed, the applicant may file evidence in accordance with the provisions of section 65 in support of his case and shall serve on the objector a copy of the evidence; and within two months from the receipt of the copy of the applicant's evidence, the objector may file evidence confined to matters strictly in reply and shall serve on the applicant a copy of the evidence.

28.   Extension of time under regulations 25, 26 and 27

The Registrar may extend the periods mentioned in regulations 25, 26 and 27 if a request in writing for such extension is made at any time within the said periods or extended periods.

29.   Proof of service of notices, statements, etc.

Proof of service of all notices, statements or other documents referred to in these Regulations shall be furnished to the Registrar.

30.   Supply of documents, etc., to High Court

   (1) When the foregoing provisions of this Part have been complied with, the Registrar shall hand all relevant papers to the registrar of the High Court.

   (2) Copies of all documents, other than specifications, referred to in the notice of opposition or in any statement or evidence filed in connection with the opposition shall be furnished for the use High Court, unless the High Court otherwise directs.

PART VI
SUBSTITUTION OF APPLICANTS, ETC.

31.   Procedure under subsection (1) of section 23

   (1) A claim under subsection (1) of section 23 that an application for a patent 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 shall be made in Form No. 13 and shall be accompanied by a copy of any assignment or agreement upon which the claim is based, which copy shall be certified by the claimant, the applicant or the agent of either of them, as the case may be.

   (2) If so required by the Registrar, the original assignment or agreement shall also be produced for his inspection and he may also call for such other proof of title or written consent as he may require.

32.   Procedure under subsection (5) of section 23

   (1) An application under subsection (5) of section 23 by any party to a joint application for the directions of the Registrar as to the name of the party, or the manner in which an application for a patent shall be proceeded with, shall be made in Form No. 14 and shall be accompanied by a statement setting out fully the facts upon which the applicant relies and the directions which he seeks.

   (2) A copy of the application and statement shall be sent by the Registrar to each other joint applicant (the applicant shall supply a sufficient number of copies for that purpose) and thereafter the Registrar shall appoint a time for the hearing of the case and shall give the parties at least fourteen days' notice of the appointment.

   (3) After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Registrar shall in accordance with the provisions of subsection (5) of section 23 give directions as he thinks fit for enabling the application to proceed in the name of one or more of the parties or for regulating the manner in which it shall be proceeded with or for both those purposes, according as the case may require.

PART VII
SEALING AND FORM OF PATENT AND RENEWAL FEES

33.   Request for sealing

An application for the sealing of a patent shall be made in Form No. 15.

34.   Time for sealing under subsection (2) of section 25

   (1) An application for an extension of time under proviso (iv) to subsection (2) of section 25 shall be made in Form No. 16 and the period of extension shall not exceed three months.

   (2) An application under proviso (v) to subsection (2) of section 25 for a further extension of time shall be made in Form No. 17.

35.   Form of patent

A patent shall be in the form set out in the Second Schedule or in such form modified as directed by the Registrar to meet the circumstances.

36.   Amendment of patent

An application under section 26 for the amendment of a patent shall be made in Form No. 18 and shall be accompanied by evidence verifying the statements therein and by the letters patent.

37.   Payment of renewal fees

If it is desired at the expiration of the third year of the term of a patent or of any succeeding year during the term of the patent to keep the patent in force, the renewal fees set out in item 18 of the First Schedule shall be paid by lodging Form No. 19 before the expiration of that year: Provided that where the sealing of the patent is delayed beyond the periods set out herein, by reason of opposition or the application having been kept secret or an extension under proviso (v) to subsection (2) of section 25 having been granted, the renewal fees may be paid at the time the patent is sealed. The Registrar may in his discretion grant an extension of time not exceeding six months from the date of sealing for payment of such fees.

[As amended by G.N. 206 of 1959 and G.N. 363 of 1960.]

38.   Renewal fees may be paid in advance

All or any of the prescribed renewal fees may be paid in advance.

39.   Extension of time for payment

An application for extension of time for payment of any renewal fee shall be made in Form No. 20.

40.   Certificate of payment

On due compliance with the terms of regulation 37, the Registrar shall issue a certificate in Form No. 21 that the prescribed fee has been duly paid, and he shall cause to be entered in the register the fact that the fee has been paid and the date of payment as stated on the certificate.

PART VIII
RESTORATION OF LAPSED PATENTS

41.   Application

   (1) An application under section 33 for the restoration of a patent shall be made in Form No. 22 and shall be accompanied by evidence by affidavit in support of the statements made in the application.

   (2) The Registrar shall direct the patentee to advertise the application (if in compliance with subsection (2) of section 33) in two consecutive issues of the Patent Journal .

[As amended by G.N. 206 of 1959 and G.N. 55 of 1960.]

42.   Notice of opposition

   (1) At any time within two months of the advertisement of the application, any person may give notice of opposition thereto in Form No. 23.

   (2) Such notice shall be accompanied by a copy thereof together with a statement, in duplicate, setting out fully the nature of the objector's interest and the facts upon which he relies.

   (3) Upon notice of opposition being given, the provisions of regulation 25 to 29 shall mutatis mutandis apply in respect of the proceedings held before the Registrar under section 33.

43.   Hearing

   (1) On completion of the evidence (if any), or at such other time as the Registrar may see fit, the Registrar shall appoint a time for the hearing of the application and shall give the parties at least fourteen days' notice of the appointment.

   (2) After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Registrar shall decide the matter and notify his decision to the parties.

PART IX
VOLUNTARY ENDORSEMENT OF PATENTS "LICENCES OF RIGHT"

44.   Application under subsection (1) of section 35

An application under subsection (1) of section 35 for endorsement of a patent "licences of right" shall be made in Form No. 24 and shall be accompanied by evidence verifying the statement in the application and by the letters patent.

45.   Application under subsection (2) of section 35

   (1) An application under paragraph (a) or (b) of subsection (2) of section 35 for settlement of the terms of a licence under a patent endorsed "licences of right" shall be made in Form No. 25 and shall be accompanied by a copy thereof and a statement, in duplicate, setting out fully the facts upon which the applicant relies and the terms of the licence which he is prepared to accept or grant.

   (2) A copy of the application and statement shall be sent by the Registrar to the patentee or the person requiring a licence, as the case may be, who, if he does not agree to the terms set out in the statement, shall within two months of the receipt of such copies file a counter-statement setting out fully the grounds of the objection and serve a copy thereof on the applicant.

   (3) The Registrar shall give such directions as he may think fit with regard to the filing of evidence and the hearing of the parties.

46.   Advertisement of endorsement

Upon the endorsement of a patent in terms of section 35, the Registrar shall direct the applicant to publish notification thereof forthwith in the Patent Journal.

[Am by GN 55 of 1960.]

47.   Cancellation of endorsement under subsection (1) of section 36

An application under subsection (1) of section 36 for the cancellation of an endorsement shall be made in Form No. 26 and shall be accompanied by evidence verifying the statement in the application and by a memorandum in Form No. 19 with fees to the amount of the balance of all renewal fees which would have been payable if the patent had not been endorsed.

48.   Cancellation of endorsement under subsection (2) of section 36

   (1) An application under subsection (2) of section 36 for the cancellation of an endorsement shall be made in Form No. 27 within six months after the patent has been endorsed and shall be accompanied by a copy thereof and a statement, in duplicate, setting out fully the nature of the applicant's interest and the facts upon which he relies.

   (2) The period within which renewal fees shall be paid on cancellation of an endorsement in terms of subsection (3) of section 36 shall be one month from the date of cancellation.

49.   Advertisement and opposition

   (1) Every application under subsection (1) or (2) of section 36 shall be advertised by the applicant in the Patent Journal and the period within which notice of opposition to the cancellation of an endorsement may be given under subsection (5) of section 36 shall be two months after the advertisement.

   (2) Such notice shall be given in Form No. 28 and shall be accompanied by a copy thereof and a statement, in duplicate, setting out fully the facts upon which the opponent relies, and, in the case of opposition to an application under subsection (1) of section 36, the nature of his interest.

   (3) A copy of the notice and of the statement shall be sent by the Registrar to the applicant for cancellation of the endorsement and thereafter the Registrar shall appoint a time for the hearing of the application and shall give the parties at least fourteen days' notice of the appointment.

   (4) After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Registrar shall give such decision on the application as he may consider just.

[As amended by GN 55 of 1960.]

PART X
COMPULSORY LICENCES

50.   Application under section 37

An application under section 37 for a licence under a patent shall be made in Form No. 29.

51.   Preliminary consideration by Registrar

   (1) If upon consideration of the evidence the Registrar is satisfied that the application falls within section 37, he shall direct the applicant to serve copies of the application and of the relevant affidavit upon the patentee and upon any other person appearing from the register to be interested in the patent and to advertise the application in one issue of the Patent Journal in such form as he may approve.

   (2) If the Registrar is not so satisfied, he shall notify the applicant accordingly and, unless within one month the applicant requests to be heard in the matter, the Registrar shall refuse the application.

[As amended by GN 55 of 1960.]

52.   Opposition

   (1) At any time within two months from the date of the advertisement, or within such further time as the Registrar may allow, the patentee or any other person who wishes to oppose the application shall deliver to the Registrar a counter-statement, verified by affidavit, setting out fully the grounds on which the application is opposed, and shall at the same time serve upon the applicant a copy of the counter-statement and of such affidavit.

   (2) Proof of service shall be furnished to the satisfaction of the Registrar.

53.   Supply of documents, etc., to High Court

When the foregoing provisions of this Part have been complied with, the Registrar shall hand all relevant papers to the registrar of the High Court.

PART XI
AMENDMENT OF SPECIFICATION

54.   Application to amend unaccepted specification

   (1) An application for leave to amend a provisional specification or a complete specification which has not been accepted, except when the amendment is made to meet an objection by the Registrar, shall be made in Form No. 30.

   (2) The Registrar shall, if he thinks fit, appoint a time for a hearing of the application and shall give the applicant at least twenty-one days' notice of such appointment. If the applicant desires to be heard he must, not later than seven days prior to the date of the hearing or within such further time as the Registrar may allow, notify the Registrar to that effect.

   (3) After hearing the applicant or, if the applicant does not desire to be heard, then without a hearing, the Registrar shall decide the case and notify his decision to the applicant.

55.   Application to amend accepted complete specification

An application for leave to amend an accepted complete specification shall be made in Form No. 31 and the application and the nature of the proposed amendment shall be advertised by the applicant in the Patent Journal in the manner provided for in Form No. 32.

[As amended by GN 55 of 1960.]

56.   Certified copy of original specification to accompany application

An application for leave to amend a specification shall be accompanied by a copy, certified by the applicant or his agent, of the original specification, or of those pages of specification or drawings in which the proposed amendment appears, clearly showing in red ink the amendment sought.

57.   Opposition

   (1) Any person wishing to oppose an application for amendment under regulation 55 shall give notice to the Registrar in Form No. 33.

   (2) Such notice shall be accompanied by a statement setting out fully the nature of the objector's interest, the facts upon which he relies and the relief he seeks.

   (3) A copy of the notice and of any statement which accompanies such notice shall be served by the objector on the applicant.

   (4) Upon notice of opposition being given, the provisions of regulations 25 to 29 and of regulation 43 shall mutatis mutandis apply in respect of the proceedings hold before the Registrar under section 43.

58.   New specification and drawings as amended may be required

   (1) When leave to amend a specification is given the applicant shall, if the Registrar so requires and within a time to be fixed by him, lodge a new specification and drawings as amended.

   (2) Where an application for leave to amend a specification is made pursuant to an order of the High Court, such application shall be accompanied by a copy of such order certified by the registrar of or the High Court the Supreme Court, as the case may be.

PART XII
DIRECTIONS TO CO-OWNERS

59.   Application under subsection (6) of section 47

   (1) An application for directions under subsection (6) of section 47 by any one or more of the proprietors of a patent shall be made in Form No. 34 and shall be accompanied by a statement setting out fully the facts upon which the applicant relies and the directions which he seeks.

   (2) A copy of the application and of the statement shall be sent by the Registrar to each of the other proprietors of the patent, and the applicant shall supply a sufficient number of copies for that purpose.

   (3) Thereafter the Registrar shall appoint a time for the hearing of the case and shall give the parties at least fourteen days' notice of the appointment.

   (4) After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Registrar shall give directions in accordance with the provisions of subsection (6) of section 47.

60.   Application under subsection (7) of section 47

   (1) An application for directions under subsection (7) of section 47 shall be made in Form No. 35 and shall be accompanied by a copy thereof and a statement, in duplicate, setting out fully the facts upon which the applicant relies and the directions which he seeks.

   (2) A copy of the application and of the statement shall be sent by the Registrar to the person in default.

   (3) Thereafter the provisions of sub-regulations (3) and (4) of regulation 59 shall apply.

PART XIII
DISPUTES AS TO INVENTIONS MADE BY EMPLOYEES

61.   Application under subsection (1) of section 48

   (1) An application under subsection (1) of section 48 to determine a dispute as to rights in respect of an invention or in respect of a patent granted or to be granted in respect thereof shall be made in Form No. 36 and shall be accompanied by a copy thereof together with a statement, in duplicate, setting out fully the facts of the dispute and the relief which is sought.

   (2) A copy of the application and of the statement shall be sent by the Registrar to the other party to the dispute, who within three months after receipt thereof shall file a counter-statement, in duplicate, setting out fully the grounds on which he disputes the right of the applicant to the relief sought.

   (3) The Registrar shall send a copy of this counter-statement to the applicant and thereafter, subject to such directions as the Registrar may think fit to give, the provisions of regulations 26 to 29 shall mutatis mutandis apply in respect of proceedings held before the Registrar, and references to the objector shall be substituted for references to the applicant and references to the applicant for references to the other party.

62.   Hearing

   (1) Should the Registrar decide to hear the application, he shall thereafter appoint a time for the hearing and shall give the parties at least fourteen days' notice of the appointment.

   (2) After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Registrar shall determine the matter in dispute and make such orders for giving effect to his decision as he considers expedient.

PART XIV
SURRENDER OF PATENT

63.   Form of offer to surrender a patent

A notice of an offer by a patentee under section 52 to surrender his patent shall be given in Form No. 37 and shall be advertised by the patentee in one issue of the Patent Journal .

[Am by GN 55 of 1960.]

64.   Opposition

   (1) At any time within two months from such advertisement, any person may give notice of opposition to the Registrar in Form No. 38, which shall be accompanied by a copy thereof and a statement, in duplicate, setting out fully the nature of the opponent's interest, the facts upon which he relies and the relief which he seeks.

   (2) A copy of the notice and of the statement shall be sent by the Registrar to the patentee.

   (3) Upon such notice of opposition being given and a copy thereof sent to the patentee, the provisions of regulations 25 to 29 and of regulation 43 shall mutatis mutandis apply and references to the patentee shall be substituted for references to the applicant.

PART XV
REGISTER OF PATENTS

65.   Register to record grant of patents

   (1) In addition to the particulars referred to in the Act, the Registrar shall cause to be entered in the register the name, address and nationality of the patentee as the grantee thereof, the title of the invention, the date of the patent and the date of the sealing thereof, together with the full postal address for service.

   (2) The Registrar may at any time enter in the register such other particulars as he may deem necessary.

66.   Alteration of entries

   (1) A request by a patentee for the alteration of a name, nationality, address, or address for service entered in the register in respect of his patent shall be made in Form No. 39.

   (2) Before acting on a request to alter a name or nationality, the Registrar may require such proof of the alteration as he may think fit.

   (3) If the Registrar is satisfied that the request may be allowed, he shall cause the register to be altered accordingly.

67.   Registration of assignments, etc.

   (1) An application for the registration of the title of any person becoming entitled by assignment to a patent or to a share in a patent shall be made in Form No. 40 by the person becoming so entitled.

   (2) Application may be made in Form No. 41 for entry in the register of notification of an interest by way of mortgage, licence or otherwise.

68.   Copies of documents

   (1) A copy of any document which is referred to in an application under regulation 67, duly certified to the satisfaction of the Registrar, shall be produced to the Registrar with the application.

   (2) Unless the Registrar otherwise directs, the original of any other document so referred to shall be produced to him with the application, and a certified copy of any such document shall be lodged therewith, and such original document shall be returned to the person who produced it.

69.   Correction of errors

A request under section 59 for the correction of a mistake in the register, in any patent, or application for a patent or any document lodged in pursuance of such application, or in proceedings in connection with any patent, shall be made in Form No. 42.

70.   Advertisement

Where the Registrar requires notice of the nature of the proposed correction to be advertised in terms of subsection (4) of section 59, the advertisement shall be made by publication in the Patent Journal of the request and the nature of the proposed correction.

[As amended by GN 55 of 1960.]

71.   Opposition

   (1) Where such application is advertised in terms of regulation 70, notice of opposition may at any time within two months from the date of publication be given in Form No. 43.

   (2) Upon notice of opposition being given, the provisions of regulations 25 to 29 and of regulation 43 shall mutatis mutandis apply in respect of the proceedings held before the Registrar under section 59.

72.   Certified copies of entries, etc.

Copies of any entry in the register, or copies of, or extracts from, patents, specifications and other public documents in the Office, or of or from registers and other records kept there, certified by the Registrar, may be furnished by the Registrar on payment of the fees prescribed in the First Schedule.

73.   Lost patents

An application under section 63 for a further patent to be sealed shall be made in Form No. 44 and shall be accompanied by evidence setting out fully and verifying the circumstances in which the patent was lost or destroyed or cannot be produced.

PART XVI
PATENT AGENTS

74.   Application for registration

An application to be registered as a patent agent in terms of subsection (2) of section 68 shall be—

      (a)   made by affidavit on Form No. 45 sworn before a commissioner for oaths;

      (b)   accompanied by—

      (i)   documentary proof that the applicant is entitled to be registered;

      (ii)   the appropriate fee.

[Am by GN 203 of 1962.]

PART XVII
MISCELLANEOUS

75.   Prescribed fees

The fees to be paid in respect of the grant of patents and applications therefor and in respect of other matters relating to patents arising under the Act shall be those prescribed in the First Schedule.

76.   Prescribed forms

The forms set out in the Third Schedule shall be used in all cases to which they are applicable and may be modified as directed by the Registrar.

77.   Size, etc., of documents

   (1) All documents and copies of documents, except drawings, lodged at the Office shall, unless the Registrar otherwise directs, be written, typewritten, lithographed or printed in the English language—

      (a)   upon strong white paper of a size approximately 13 inches by 8 inches, leaving a margin of at least 1 1/2 inches on the left-hand part thereof;

      (b)   in legible characters with a dark, indelible ink;

      (c)   with the lines widely spaced;

      (d)   except in the case of affidavits, on one side only.

   (2) Duplicates of any documents shall at any time be lodged, if required by the Registrar.

   (3) Duplicate documents required under these Regulations may be carbon copies of the original documents:

Provided that they shall be on paper of good quality and the typing shall be black and distinct.

78.   Address of service

Every person concerned in any proceedings to which these Regulations relate, and every patentee, shall furnish to the Registrar an address for service in Zambia and that address may be treated for all purposes connected with such proceedings or patent as the address of the person concerned in the proceedings or the patentee.

79.   Method and proof of service

   (1) Where any notice, application or other document is required to be served on any person under the provisions of the Act, such service may be effected by the delivery of a copy thereof either—

      (a)   at the address for service furnished to the Registrar in terms of these Regulations; or

      (b)   to such person personally, or to his duly authorised agent; or

      (c)   at his residence or place of business or employment, to some responsible person there residing or employed.

   (2) Service effected by any person in accordance with the provisions of this regulation shall be proved by a certificate made in Form No. 46 and such certificate shall be filed with the Registrar.

80.   Lodging of documents

Any notice, application or other document sent to the Office by post shall not be deemed to have been given, made or lodged until it is actually received in the Office.

81.   Power of Registrar to fix time and place of proceedings

The Registrar may in any proceedings held before him decide the hours, times and places at which he will sit and he may adjourn any proceedings for such time and to such place as he may think fit.

82.   Agency

   (1) Any application, request or notice which is required or permitted under this Act to be made or given to the Registrar, and all other communications between an applicant or a person making a request or giving a notice and the Registrar, and between the patentee and the Registrar or any other person, may be signed, made or given by or through an agent:

Provided that the Registrar is satisfied that the agent has been duly authorised so to act on behalf of such applicant, person or patentee.

   (2) No power of attorney or any form of authorisation need be filed at the Office or exhibited to the Registrar in connection with any matter or proceeding under these Regulations unless the Registrar otherwise directs.

83.   Refusal to recognize agent

The Registrar may refuse to recognise as agent in respect of any proceedings under this Act a person who neither resides nor maintains a place of business in Zambia.

84.   Signature of documents

   (1) A document purporting to be signed for or on behalf of a partnership shall contain the names of all the partners in full and may be signed by a partner, or by any other person who satisfies the Registrar that he is authorised to sign the document.

   (2) A document purporting to be signed for or on behalf of a body corporate shall be signed by a director or by the secretary or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorised to sign the document.

85.   Amendment of documents

Any document lodged in any proceedings before the Registrar may, if the Registrar thinks fit, be amended, and any irregularity in procedure may be rectified on such terms as he may direct.

86.   Power of Registrar to waive requirements

   (1) Where, under these Regulations, any person is required to do any act or thing, or any document or evidence is required to be produced or lodged, the Registrar may, upon the production of such evidence and subject to such terms and conditions as he thinks fit, modify or dispense with the doing of the act or thing or the production or lodging of the document or evidence if he is satisfied that it is reasonable so to do.

   (2) The Registrar may allow an application for a patent or a provisional or complete specification, although not in accordance with these Regulations, to be left on such terms and conditions as he thinks fit, modify or dispense with the doing of the act or thing or the production or lodging of the document or evidence if he is satisfied that it is reasonable so to do.

   (2) The Registrar may allow an application for a patent or a provisional or complete specification, although not in accordance with these Regulations, to be left on such terms and conditions as he thinks fit. In any such case the Registrar shall require the applicant to comply with these Regulations within the time specified by him. Until the prescribed requirements are complied with, no further action shall be taken by the Registrar in respect of the application.

87.   Order of Supreme Court or High Court

   (1)   Where an order relating to a patent has been made by the Supreme Court or by the High Court, the person in whose favour such order has been made shall forthwith file at the Office an office copy of such order together with an application in Form No. 47.

   (2)   The specification shall thereupon be amended or the register rectified or the purport of such order shall otherwise be duly entered in the register, as the case may be.

88.   Days and hours of business

The Office shall be open to the public and the register shall be open to inspection on payment of the fee specified in item 47 of the First Schedule, every weekday, except Saturday, between the hours of nine and one, and two and half-past three; except on public holidays.

FIRST SCHEDULE

[Regulation 75]

TARIFF OF FEES PAYABLE TO THE REGISTRAR OF PATENTS WITH EFFECT FROM 1ST MAY, 1995

The following fees shall be paid in respect of applications, registrations and other matters under the Act. Such fees must in all cases be paid before or at the time of doing the matter in respect of which they are to be paid.

Amount Payable by Local Firms,Corporations and Individuals

Amount Payable by Foreign Firms, Corporations and Individuals

Corresponding Form No.

Item

Matter or Proceeding

Fee units

US$

1.

On application for a patent (Non-convention)

20,0

100.00

1

2.

On convention application, in respect of each application for protection in a convention country

20,0

100.00

2

3.

On application for a patent of addition

20.0

100.00

3

4.

On application for grant of a patent of addition of an independent patent

40,0

150.00

4

On lodging specification-

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