Patents
[CAP.400 47
(6) Where a complete .specification has not been accepted or, if it
has been accepted. no notice of opposition has been given or any
such notice has been withdrawn. the Registrar shall determine
whether and subject to what conditions. if any, the amendment ought
to be allowed.
(7) No request for amendment under this section shall be allowed
if and so long as any proceedings are pending for infringement or
revocation of the patent in question.
(8) An aopeal shall lie from any decision of the Registrar under
this section
44. In any action for infringement of a patent or any proceedings
before the High Court for the revocation of a patent, that court may,
subject to the provisions of subsection (3) of section forty-three,
allow the patentee to amend his complete specification in such man
ner and subject to such terms as to costs. advertisement or otherwise
as that court may think fit, and, if in any such proceedings for revo
cation the High Court decides that the patent is invalid, it may allow
the specification to be amended under this section instead of revok
ing the patent.
Amendment
of specifica
tion with leave
of High Court
(As amended by Act No. 18 of 1980)
45. Where an amendment of a specification by way of dis
claimer, correction or explanation has been allowed under this Act
after the publication of the specification, no damages shall be
awarded in any proceedings in respect of the use of the invention
before the date of the decision allowing the amendment, unless the
High Court is satisfied that the specification as originally published
was framed in good faith and with reasonable skill and knowledge.
Restrictions
on recovery of
damages in
certain cases
(As amended by Act No. 18 of 1980)
46. (I \ A patent shall not be refused or held to be invalid by rea
son only of the fact that the invention in respect of which the patent
is applied for or was granted or any part thereof was published, used
or known prior to the effective date of the application, if the appli
cant or the patentee. as the case may be, proves that the knowledge
was acquired or the publication or use was made without his knowl
edge or consent. and that the knowledge acquired or the matter pub
lished or used was derived or obtained from him. and, if he learnt of
the disclosure, use or knowledge before the effective date of his
application for the patent. that he applied for and obtained protection
for his invention with all reasonable diligence after learning of the
disclosure:
Provided that the protection afforded by this section shall not
extend to a patentee or an applicant for a patent who has or whose
predecessors in title have prior to the effective date of the application
worked the invention in the former Federation of Rhodesia and
Savings for
anticipation
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات