52 CAP. 400]
Patents
(6) Particulars delivered may from time to time be amended by
leave of the High Court.
(7) The High Court shall appoint a time for the hearing of any
such application. and shall thereafter decide whether the patent
shall be revoked or whether and, if so, subject to what amendments,
if any, of the specification or claims thereof, the patent shall be
upheld:
Provided that the High Court
(i) shall not allow any amendment of the specification
or claims as aforesaid if it is established to its satis
faction that the original complete specification and
claims were not framed in good faith and with rea
sonable skill and knowledge; and
(ii) may, in the exercise of its discretion as to costs, take
into consideration the conduct of the patentee in
framing his original specification and claims and
permitting them to remain as so framed.
(8) An order for the revocation of a patent under this section may
be made so as to take effect either unconditionally or, in the event of
failure to comply, within such reasonable period as may be specified
in the order, with such conditions as may be imposed by the order
with a view to achieving the purposes aforesaid, and the High Court
may. on reasonable cause shown in any case, by subsequent order,
extend any period so specified.
(As amended by S.l. No. 175 of 1965
and Act No. 18 of 1980)
Consequences
of revocation
on grounds of
fraud
51. (1) Where a patent is revoked on the ground of fraud, or a
patent fraudulently obtained has been surrendered and revoked, or
the grant of a patent has been refused under the provisions of para
graph (b) of subsection (1) of section twenty-two, the High Court
may, on the application of the person entitled to the invention for
Zambia or his legal representative, made in accordance with the pro
visions of this Act, direct the grant to him of a patent for the whole
or any part of the invention. bearing the same date as the patent so
revoked or as would have been borne by the patent which has been
refused. if the grant thereof had not been refused.
(2) Where in proceedings before the High Court in connection
with opposition to the grant of a patent, the High Court has found
that an invention was in part obtained from the objector and has
required that the specification be amended by the exclusion of that
part of the invention. the High Court may direct that, on the applica
tion of the inventor or any person claiming through or under him
made in accordance with the provisions of this Act within three
months after the date of the direction or within such further period as
the High Court may allow, a patent for that excluded part of the
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