826 No. 40 of 2016]
Inspection
of
application
Opposition
to
grant of
patent
Patents
55. (1) Subject to section ninety-four, an application for the
grant of a patent and all accompanying documents shall, on payment
of the prescribed fee, be open for inspection by the public during
prescribed hours, after the Registrar has accepted and published
the application in accordance with section fifty-four.
(2) Where an application for the grant of a patent, which
claims a priority date, is open to inspection, as specified in subsection
(1), any other application from which such application claims priority
shall equally be open for inspection in a like manner.
56. A person, including the State, may oppose the grant of a
patent at any time, within a period of three months from the date
an application for a grant of a patent is advertised, or within such
further period as the Registrar may allow, and before the sealing of
the patent, by filing a written notice of opposition to the Registrar,
stating any of the following grounds:
(a) that the applicant is not entitled in accordance with section
twenty-three, to make an application for the grant of a
patent;
(b) that the person making the application or the person through
whom the applicant claims an invention, wrongfully
obtained the invention or any part of it from the person
opposing the grant;
(c) that an invention claimed in a complete specification is
also claimed in another complete specification published
on or before the priority date of an applicant’s claim and
filed in pursuance of an application for a grant of a patent
and has a priority date which is earlier than that of an
applicant’s claim;
(d) that an invention claimed in a complete specification is
not new as it was publicly known or publicly used in
Zambia or elsewhere before the priority date of that
claim;
(e) that an invention claimed in a complete specification is
obvious and does not involve any inventive step;
(f) that the subject matter of a claim in a complete specification
is not an invention, is not patentable or is excluded from
patent protection in accordance with this Act;
(g) that an invention claimed in the complete specification
does not have any industrial use or application;
(h) that the complete specification does not sufficiently
describe the invention and the best method or manner in
which it is to be performed;
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