830 No. 40 of 2016]
Patents
(2) Where a patent is granted by ARIPO but the grant is made
without the communication required to be made by ARIPO to a
member country in accordance with the Harare Protocol, or where
the grant precedes the communication by ARIPO, such a patent
shall not have legal effect in Zambia.
Grant and
seal of
patent
PART VIII
GRANT, TERM AND RENEWAL OF PATENTS
64. (1) Subject to this Act, the Registrar shall grant and seal
a patent, pursuant to an application for a grant of a patent, made in
accordance with this Act, upon payment of a prescribed fee, except
that—
(a) where any applicant, named in a joint application dies, the
Registrar may, with the written consent of the deceased
applicant’s legal representative, grant the patent to the
surviving applicant or applicants named in the joint
application; and
(b) where an applicant or joint applicants have agreed, in
writing, to assign the invention or a share in the invention,
the Registrar shall not, without proof of an executed
instrument, grant the patent in the name of the assignee
or their assignees.
(2) Subject to any proceedings for infringement, the effective
date of a patent shall be the filing date of the application for the
grant of the patent.
(3) A patent shall be sealed not later than eighteen months after
the date of filing of an application for the grant of a patent, except
that—
(a) where the Registrar or the High Court has allowed an
extension of the period within which a complete
specification may be lodged, a corresponding extension
of the period for the sealing of the patent shall be
allowed;
(b) where the sealing is delayed, by an appeal or an opposition
to the grant of the patent, the patent shall be sealed at
such time as the Registrar or the High Court may
determine;
(c) the Registrar may, on payment of a prescribed fee, extend
the period of eighteen months for such further time as
may be prescribed;
(d) where an application for a grant of a patent is a Patent
Cooperation Treaty application, a patent shall be sealed
within eighteen months after the application enters the
national phase.
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