Patents
(i)
ICAP.400
forms the subject of an application for a patent in
Zambia which. if granted. would bear a date in the
interval between the lodging of the application in
the convention country and the effective date of the
application in Zambia; or
Iii) is not an invention as defined in this Act:
/I) Ihat the invention was not new at the effective date of the
application;
(III)
thai the specification includes claims which. in terms of sub
section (I) of section eighteen. should have been refused,
(2) A copy of any notice given under subsection ( I). and of any
statement which in terms of subsection (3) accompanies such notice.
shall be served by the objector on the applicant for the patent.
(3) Any notice of opposition given under subsection (I) shall state
the grounds on which the objector intends to oppose the grant of the
patent. and shall be accompanied by a statement setting out particu
lars of the facts alleged in support of the said grounds. and proof of
service on the applicant concerned of a copy of such notice and of
such statement shall he furnished to the Registrr.r,
(4) If the applicant wishes to contest the opposition. he shall. within
such time as is prescribed. or such further time as the Registrar may
allow. lodge at the Patent Office a counter-statement setting out par
ticulars of the grounds upon which the opposition is to be contested.
•(5) A copy of any such counter-statement lodged at the Patent
Office shall be served by the applicant on the objector concerned.
(6) Particulars delivered may from time to time be amended b~'
leave of the Registrar,
(7) No evidence shall he admitted in proof of any ground on
which particulars have not been delivered as aforesaid. except by
leave of the High Court.
(8) When. in relation to any opposition. the foregoing provisions
of this section have been complied with to the extent therein
required, the Registrar shall hand all relevant papers to the registrar
of the High Court who shall arrange for the matter to be heard by that
Court in the manner prescribed and the Patents Tribunal may make
such order therein as it deems just
(9) Upon being notified of the \.~ .ier of the High Court by the reg
istrar thereof. the Registrar shall take such further action therein as
may be necessary.
(As amended bv C.N. No. 185 of 1964, 5./. No. 175 r{ 1~65
and Act No i s of 1980)
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