(3) An application which has been withdrawn, abandoned or refused shall not, after the lodging of the subsequent application, be capable of supporting a claim for priority rights under this section. (4) Where all the rights of each of two or more applicants referred to in subsection (1) who have made application for protection of inventions in any one or more Convention countries have become vested in the same person, those applications shall, for the purposes of subsection (4) of section eight, be deemed to have been made by the same applicant. (5) Where an applicant referred to in subsection (1) has applied for protection for any invention by an application which, in accordance with the law of any Convention country, is equivalent to an application duly made in that Convention country, he shall be deemed, for the purposes of this section, to have applied in that Convention country. (6) In determining, for the purposes of this Act, whether an invention described or claimed in a specification lodged in the Patent Office is the same as that for which protection has been applied for in a Convention country, regard shall be had to the disclosure contained in the whole of the documents put forward at the same time as and in support of the application in the Convention country, being documents of which copies have been lodged at the Patent Office within such time and in such manner as may be prescribed. (7) A patent granted in Zimbabwe for an invention upon an application referred to in this section shall not be invalidated by reason only of— (a) the invention having been known or used or published in Zimbabwe or elsewhere on or after the effective date of the application in the Convention country in which application was first made; or (b) the granting in Zimbabwe, after the effective date of the application in the Convention country, of a patent to another person for the same invention: Provided that— (i) the effective date of the patent of such other person shall not be prior to effective date in Zimbabwe of the Convention application; (ii) the Convention patentee shall be entitled to have the patent of such other person revoked upon due application under and compliance with the provisions of section forty-five. (8) An application for a patent referred to in this section shall be made in the manner specified in section seven, save that the application shall be accompanied by a complete specification. 81 Special provisions as to vessels, aircraft and land vehicles (1) Where a vessel or aircraft registered in a Convention country or a land vehicle owned by a person ordinarily resident in such a country comes into Zimbabwe temporarily or accidentally only, the rights conferred by a patent for an invention shall not be deemed to be infringed by the use of the invention— (a) in the body of the vessel or in the machinery, tackle, apparatus or other accessories thereof, so far as the invention is used on board the vessel and for its actual needs only; or (b) in the construction or working of the aircraft or land vehicle or of the accessories thereof; as the case may be. (2) Subsection (1) shall not affect section 17 of the Aviation Act [Chapter 13:03]. 82 Protocol on Patents and Industrial Designs (1) Subject to this section, the Protocol set out in the Schedule, which was contracted within the framework of the African Regional Industrial Property Organization, shall have the force of law within Zimbabwe. (2) Any patent, in respect of which Zimbabwe is a designated State, granted to an applicant by the African Regional Industrial Property Organization in accordance with the provisions of the Protocol set out in the Schedule shall, mutatis mutandis,

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents