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 no notice of opposition has been given or any such notice has been withdrawn.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