Patents
[No. 40 of 2016
65. (1) Subject to this Act, every patent shall be dated as of
the date on which the specification was filed with the Registrar.
(2) The date, referred to in subsection (1), shall be entered in
the Register, in the prescribed manner, and inserted in the patent.
(3) Subject to this Act, the duration of every patent granted
shall be twenty years from the filing date of the application for the
grant of a patent.
66. The Registrar shall, as soon as practicable, publish, in a
prescribed manner, a notice of the grant of a patent, in the Industrial
Property Journal.
67. A patentee or an exclusive licensee may, six months before
the expiry of the term of a patent, apply to the Registrar for an
extension of the term of a patent for a further term not exceeding
two years on any of the following grounds:
(a) where there are hostilities between Zambia or any country
of the Commonwealth and any other country and the
patentee has suffered loss or damage; or
(b) where an act of God occurs and the patentee has not
been able to work the patent.
68. The Minister shall prescribe an annual maintenance fee
to be paid by a patentee for the maintenance of a patent entered in
the Register in accordance with section ten.
(2) A patent in respect of which the maintenance fee is due
and not paid by the due date lapses and the invention in respect of
which the patent was granted ceases to be protected.
(3) Despite subsection (2), the Registrar may extend the period
for the payment of the maintenance fee for six months subject to
the patentee paying a prescribed administrative penalty to the
Agency.
69. (1) Where the maintenance fee, provided for in section
sixty-eight, remains unpaid, the protection of the invention by the
patent shall lapse until the maintenance fee and penalty thereon, if
any, have been paid, and the Registrar shall remove the patent
from the Register.
(2) The Agency is not liable with respect to any patent
infringement committed between the date on which the protection
of the invention lapsed and the date of the publication of an
application for the restoration of the patent.
(3) The Registrar shall publish, in the Industrial Property
Journal, an invention that has ceased to be protected by a patent,
as soon as practicable.
831
Date and
duration of
patent
Publication
of grant
Extension
of term of
patent
Maintenance
fee
Lapse of
protection of
patent on
nonpayment of
maintenance
fee
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