have the same effect in Zimbabwe as a patent granted under this Act subject to such
exceptions, additions, adaptations and modifications as may be necessary to
implement the Protocol.
(3) A patent granted under the Protocol set out in the Schedule, shall, mutatis
mutandis, have such protection where applicable, as is afforded under this Act to a
patent granted in fulfilment of any international agreement in respect of a Convention
country under section 80.
82A Patent Co-operation Treaty
(1) In this section¾
“Treaty” means the Patent Co-operation Treaty signed at Washington on the 19th
June, 1970.
(2) Words or expressions to which a meaning has been assigned in the Treaty shall
bear the same meaning when used in this section.
(3) Subject to this section, the Treaty shall have the force of law within Zimbabwe.
(4) The Patent Office shall act as¾
(a)
a receiving Office in respect of any international application filed with
it by a resident or national of Zimbabwe; and
(b)
a designated Office in respect of any international application in
which Zimbabwe is designated for the purposes of obtaining a patent under this Act;
and
(c)
an elected Office in respect of an international application in which
Zimbabwe is designated, if the applicant elects Zimbabwe for the purposes of
international preliminary examination under Chapter II of the Treaty.
(5) Subject to this section, an international application designating Zimbabwe shall be
treated as an application for a patent which was lodged under this Act and has as its
filing date the international filing date accorded it under the Treaty.
(6) An international application filed with the Patent Office as receiving Office shall
be¾
(a)
filed in a language prescribed in regulations made under the Treaty;
and
(b)
accompanied by the fee prescribed in terms of section ninety-six.
(7) The Registrar, acting in his capacity as an officer of a designated Office or an
elected Office, shall not begin processing an international application designating
Zimbabwe before the time-limit referred to in subsection (8) has expired, unless the
applicant complies with the requirements of that subsection and files at the Patent
Office an express request for early processing.
(8) Before the expiry of the time-limit applicable under Article 22 or 39 of the Treaty
or such later period as may be prescribed in regulations made under the Treaty, a
person who has filed an international application designating Zimbabwe shall¾
(a)
pay the Registrar the fee prescribed in terms of section ninety-six: and
(b)
lodge at the Patent Office a translation of the application into a
language prescribed in regulations made under the Treaty, unless the application was
filed in such a language or has been published under the Treaty as a translation into
such a language;
and if the applicant fails to do so the application shall be deemed to have been
withdrawn in terms of this Act.
(9) The Registrar shall deal with international applications in accordance with this
Act, the Treaty and regulations made thereunder:
Provided that, in the event of inconsistency between this Act and the provisions of the
Treaty or the regulations or administrative instructions made thereunder, the Treaty
and those regulations and instructions shall prevail.
(10) The Minister shall cause a statutory instrument to be published in the Gazette
setting out the provisions of the Treaty and any regulations made under the Treaty,
and shall amend the statutory instrument whenever necessary to record any
amendment of the Treaty or those regulations.
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