Patents
[No. 40 of 2016
(i) that, the claims in the complete specification do not
sufficiently define the subject matter for which protection
is sought;
(j) that an invention described in a complete specification is
not the same with the one described in a provisional
specification;
(k) that in the case of a convention application, the application
was not made within twelve months from the date of
the first application for protection of an invention made
in a convention country by the applicant or a person
from whom the applicant derives title;
(l) that the complete specification does not disclose or wrongly
mentions the source or the geographical origin
orbiological material used for the invention;
(m) that an invention claimed the complete specification is
anticipated, having regard to the knowledge, oral or
otherwise, available within any traditional community in
Zambia or elsewhere;
(n) that the application is frivolous in that it claims an invention
which is contrary to well established natural laws;
(o) that the use of the invention would be contrary to law or
morality;
(p) that the application for the grant of a patent contains a
material misrepresentation or a false statement which
the patentee knew of at the time when the declaration
was made;
(q) that the application for a grant of a patent is in contravention
of the rights of the person giving such notice or of any
persons under or through whom the person claims;
(r) that an application for the grant of the patent does not
satisfy the requirements of this Act; or
(s) that the application is for an invention which is traditional
knowledge.
57. (1) A person shall file, with the Registrar, a notice opposing
the grant of a patent which shall be accompanied by a statement of
the particulars of the facts alleged in support of any of the stated
grounds opposing the grant.
(2) Where an applicant for a grant of a patent wishes to contest
a notice opposing the grant of a patent, as specified in subsection
(1), the applicant shall, within the prescribed period or any such
further period as the Registrar may allow, file, with the Registrar, a
counterstatement, setting out particulars of the grounds on which
the notice is contested.
827
Opposition
procedure
for grant of
patent
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