22
CAP. 400]
Patents
if lodged at the Patent Office within such period as he may
determine, to be dated with the date on which the complete
specification was lodged at the Patent Office.
(2) If the case of a convention application it 'is found that the
invention claimed is not substantially the same as that claimed in the
application made in the convention country in question, the Registrar
may, subject to the provisions of subsection (6) of sectionfourteen
(a) refuse to accept the application until it has been amended
to his satisfaction; or
(b) with the consent of the applicant, treat the application as an
application in terms of section twelve.
(3) If in the case of a convention application it is found that the
specification lodged in Zambia includes an invention not included
in the specification lodged in the convention country, the Registrar
may allow the application to be proceeded with in so far as the
invention included in both the convention and the Zambian specifi
cation is concerned, and allow an application for the additional
invention to be made and authorise such application, if lodged at the
Patent Office within the period he may determine, to be dated with
the date on which the Zambian specification was lodged at the
Patent Office.
(4) An appeal shall lie from any decision of the Registrar under
this section.
(As amended by G.N. No. 185 of 1964)
Lapsing of
applications
20. (1) If a complete specification is not accepted within thirty
months from the date of lodging of an application, the application
shall lapse unless
(a) an appeal has been lodged in respect of the application;
(b) the time within which such appeal may be lodged has not
expired; or
(c) the delay in accepting the specification was not due to any
neglect or default on the part of the applicant:
Provided that where an application is made for an extension of
time for the acceptance of a complete specification, the Registrar
shall, on payment of the prescribed fee, grant an extension of time to
the extent applied for, but not exceeding three months.
(2) If, at the expiration of the period allowed under the provisions
of subsection (1), an appeal to the High Court is pending under any
of the provisions of this Act in respect of the application (or, in the
case of an application for a patent of addition, either in respect of that
application or in respect of the application for the patent for the main
invention) or the time within which such an appeal could be brought