Patents
lCAP.400
19
specification, on or after the effective date of that claim, or by the
grant of another patent upon a specification claiming the same inven
tion ia a claim of the same or later effective date.
(2) Whe~e the complete specification is lodged in pursuance of
a single application preceded by a provisional specification or by a
specification which is treated by virtue of a direction under sub
section (6) of section thirteen as a provisional specification, and the
claim is fairly based on the matter disclosed in that specification,
the effective date of that claim shall be the effective date of the
application.
(3) Where the complete specification is lodged or proceeded with
in pursuance of two or more applications accompanied by such spec
ifications as are mentioned in subsection (2), and the claim is. fairly
based on the matter disclosed in one of those specifications, the
effective date of that claim shall be the effective date of the applica
tion accompanied by that specification.
(4) Where the complete specification is lodged in pursuance of a
convention application and the claim is fairly based on the matter
disclosed in the application for protection in a convention country or,
where the convention application is founded upon more than one
such application for protection, in one of those applications, the
effective date of that claim shall be the effective date of the relevant
application for protection.
(5) Where, under the foregoing provisions of this section, any
claim of a complete specification would, but for this provision, have
two or more effective dates, the effective date of that claim shall be
the earlier or earliest of those dates.
(6) In any case to which subsection (2), (3), (4) or (5) does not
apply, the effective date of a claim shall be the date of lodging of the
complete specification in Zambia.
(As amended by G.N. No. 185 of 1964)
16. (I) The Registrar shall examine every application for a patent
and every specification accompanying such application or lodged at
the Patent Office in pursuance of such application, in order to ascer
tain
(a)
whether such application or specification complies with the
requirements of this Act;
(b) in the case of a complete specification lodged after a pro
visional specificaticr , or of a convention application,
whether the invention claimed is substantially the same as
that disclosed in the provisional specification or in the
application lodged in the convention country, as the case
may be.
Examination
of applications
and specifica
tions