820 No. 40 of 2016]
Patents
(2) Subsection (1) does not apply to an application which has
first been filed in a country outside Zambia by a person not resident
in Zambia.
(3) A person who contravenes this section commits an offence
and is liable, upon conviction, to a fine not exceeding two hundred
thousand penalty units or to imprisonment for a term not exceeding
two years, or to both.
Information
concerning
corresponding
foreign
application
44. (1) A person making an application for the grant of a patent
shall fully disclose and provide to the Registrar, accurate and up to
date information concerning corresponding foreign applications from
the date of filing.
(2) Where a person making an application for the grant of a
patent fails or neglects to comply with the requirements specified
in subsection (1) the Registrar may reject the application or where
such failure or neglect is discovered after the patent has been
granted, the Registrar may revoke the patent.
(3) A person making an application for the grant of a patent
shall, at the request of the Registrar, furnish the Registrar with the
date and number of any foreign application for a patent or other
title of protection filed by the applicant with any other country
relating to the same invention as the one claimed in the foreign
application for the grant of a patent lodged with the Registrar.
(4) A person making an application for the grant of a patent
shall, at the request of the Registrar, furnish the Registrar with the
following documents relating to any foreign application:
(a) a copy of any communication received by the applicant
concerning the results of any search or examination
carried out in respect of a foreign application and in
which publications or other documents establishing the
start of the art or prior art are mentioned;
(b) a copy of the patent or other title of protection granted on
the foreign application; and
(c) a copy of any final decision rejecting the foreign application
or refusing the grant requested in the application.
(5) A person making an application for the grant of a patent
shall, at the request of the Registrar, furnish the Registrar with a
copy of any decision revoking or invalidating the patent or any
other title of protection granted to the applicant on the basis of the
foreign application for the grant of a patent.
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