Patents
[CAP.400
(5) Where an applicant referred to in subsection (l) has applied
for protection for any invention by an application which. in accor
dance with the law of an)' convention country, is equivalent to an
application duly made in that convention country, he shall be deemed
for the purposes of this section to have applied in that convention
country.
(6) In determining for the purposes of this Act whether an
invention described or claimed in a speeification lodged in the
Patent Office is the same as that for which protection has been
applied for in a convention country, regard shall be had to the dis
closure. contained in the whole of the documents put forward at the
same time as and in support of the application in the convention
country, being documents of which copies have been lodged at the
Patent Office within such time and in such manner as may be
prescribed.
(7) A patent granted in Zambia for an invention upon an applica
tion made in terms of this section shall not be invalidated by reason
only of
(a) the invention having been known or used or published in
Zambia or etsewhere on or after the effective date of. the
application in the convention country in which application
.was first made; or
.
(b) the granting in Zambia after the effective date of the appli
cation in the convention country of a patent of another per
son for the same invention:
Provided that
(i) the effective date of the patent of such other person
shall not be prior to the effective date in Zambia of
the convention application; and
(ii) the convention patentee shall be entitled to have the
. patent of such other person revoked upon due appli
cation under and in compliance with the provisions
of section fifty.
(8) An application for a patent under this section shall be made in
the same manner as for an application in terms of section twelve,
save that the application shalt be accompanied by a complete speci
fication.
(9) For the purposes of this Act, matter shall be deemed to have
been disclosed in an application for protection in a convention coun
try if it was claimed or disclosed (otherwise than by way of dis
claimer or acknowledgment of prior art) in that application or in
documents submitted by the applicant for protection in support of
and at the same time as that application. but no account shall be
taken of any disclosure by any such document unless a copy of the
document is lodged at the Patent Office with the convention appli
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