Patents [No. 40 of 2016 considered to be the first application in that country in respect of that invention if, at the time of lodging the application— (a) the previous application had been withdrawn, abandoned or refused without having been opened to public inspection; (b) no priority rights have been claimed on the basis of the first application; and (c) no rights are outstanding in that convention country in connection with an earlier application. (3) An application which has been withdrawn, abandoned or refused shall not, after the lodging of a subsequent application relating to the same subject matter, be capable of supporting a claim for priority rights, under this section, unless such rights are outstanding in Zambia or in any convention country in connection with the first application. (4) Where a person makes an application for the grant of a patent and the application is— (a) in accordance with the terms of a treaty subsisting between any two or more convention countries, equivalent to an application duly made in anyone of those convention countries; or (b) in accordance with the law of any convention country, equivalent to an application made in that convention country; the person shall, for the purposes of this section, be considered to have applied in a convention country. (5) Where priority is not claimed from an application for the grant of a patent, accompanied by a provisional specification, within the period specified in subsection (1) (c) (i), the application lapses. 43. (1) Subject to this section, a person resident in Zambia shall not, without the written authority of the Registrar, file or cause to be filed an application for a grant of a patent outside Zambia, unless— (a) an application for a patent for the same invention has been filed with the Agency not less than six months before the filing of the application outside Zambia; and (b) there are no directions prohibiting publication or communication issued by the Registrar as provided for in section ninety-four, or such directions have been revoked. 819 Restrictions on patent applications outside Zambia