48 CAP. 400]
Patents
Nyasaland or, after the 1st January, 1964, in the former Protectorate
of Northern Rhodesia or, after the 24th October, 1964, in the
Republic commercially, otherwise than for the purpose of reasonable
technical trial thereof.
(2) An invention claimed in a complete specification shall not be
deemed to have been anticipated by reason only of the communica
tion of the invention to a Government department or to any person
. authorised by the Minister to investigate the invention or its merits,
or of anything done by any person whomsoever in consequence of
such a communication, for the purpose of the investigation.
(As amended by G.N. No. 185 of 1964
and S.l. No. 175 of 1965)
Co-ownership
of patents
47. (1) Where a patent is granted to two or more persons, each of
those persons shall, unless an agreement to the contrary is in force,
be entitled to an equal undivided share in the patent.
(2) Subject to the provisions of this section, where two or more
persons are registered as patentees then, unless an agreement to the
contrary is in force, each of those persons shall be entitled by him
self or his agents, to make, use, exercise and vend the patented inven
tion for his own benefit without accounting to the other or others.
(3) Subject to the provisions of subsections (6), (7) and (8) and to
any agreement for the time being in force, a licence under a patent
shall not be granted, and a share in a patent shall not be assigned,
except with the consent of all persons, other than the licensor or
assignor, who are registered as patentees.
(4) Where a patented article is sold by one of two or more persons
registered as patentees, the purchaser and any person claiming
through him shall in respect of such article be entitled to deal with it
in the same manner as if it had been sold by a sole patentee.
(5) Subject to the provisions of this section, the rules of law
applicable to the ownership and devolution of movable or personal
property generally shalf apply in relation to patents as they apply in
relation to other incorporeal rights or choses in action.
(6) Where two or more persons are registered as patentees, the
Registrar may, upon application made to him in the prescribed man
ner by any of those persons, give such directions in accordance with
the application as to the sale or lease of the patent or any interest
therein, the grant of licences under the patent or the exercise of any
right under subsections (1) to (5) in relation thereto, as he thinks fit.
(7) If any person registered as patentee fails to execute any instru
ment or to do any other thing required for the carrying out of any
direction given under this section within fourteen days after being
requested in writing so to do by any of the other persons so regis
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