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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