830 No. 40 of 2016] Patents (2) Where a patent is granted by ARIPO but the grant is made without the communication required to be made by ARIPO to a member country in accordance with the Harare Protocol, or where the grant precedes the communication by ARIPO, such a patent shall not have legal effect in Zambia. Grant and seal of patent PART VIII GRANT, TERM AND RENEWAL OF PATENTS 64. (1) Subject to this Act, the Registrar shall grant and seal a patent, pursuant to an application for a grant of a patent, made in accordance with this Act, upon payment of a prescribed fee, except that— (a) where any applicant, named in a joint application dies, the Registrar may, with the written consent of the deceased applicant’s legal representative, grant the patent to the surviving applicant or applicants named in the joint application; and (b) where an applicant or joint applicants have agreed, in writing, to assign the invention or a share in the invention, the Registrar shall not, without proof of an executed instrument, grant the patent in the name of the assignee or their assignees. (2) Subject to any proceedings for infringement, the effective date of a patent shall be the filing date of the application for the grant of the patent. (3) A patent shall be sealed not later than eighteen months after the date of filing of an application for the grant of a patent, except that— (a) where the Registrar or the High Court has allowed an extension of the period within which a complete specification may be lodged, a corresponding extension of the period for the sealing of the patent shall be allowed; (b) where the sealing is delayed, by an appeal or an opposition to the grant of the patent, the patent shall be sealed at such time as the Registrar or the High Court may determine; (c) the Registrar may, on payment of a prescribed fee, extend the period of eighteen months for such further time as may be prescribed; (d) where an application for a grant of a patent is a Patent Cooperation Treaty application, a patent shall be sealed within eighteen months after the application enters the national phase.