34 CAP. 400]
Patents
be refused, nor shall any such patent be liable to be revoked or inval
idated, on the ground only that the invention claimed in the complete
specification does not involve any inventive step having regard to the
main invention, so, however, that the provisions of this subsection
shall not apply to an independent patent referred to in the proviso to
subsection (5).
(7) A patent for a main invention and its patent of addition shall
not be capable of assignment apart from one another.
(8) An appeal shall lie from any decision of the Registrar under
this section.
(As amended by Act No. 18 of 1980)
Renewalof
patents
32. (1) Subject to the provisions of this section, every patent,
including a patent granted or registered under the Registration of
United Kingdom Patents Act, Chapter 205 of the 1957 Edition of the
Laws, or the Patents (Southern Rhodesia) Act, Chapter 208 of the
1948 Edition of the Laws, or the Patents (Transitional Provisions)
Act, 1958, shall. lapse if the fees prescribed for its renewal are not
paid within the prescribed times.
(2) The Registrar may, upon application of the patentee' and sub
ject to the payment of such additional fees as may be prescribed,
extend the time for payment of a fee referred to in subsection (1) for
a period not exceeding six months.
(No. 12 of 1959 as amended by No. 36 of 1960,
G.N. No. 185 of 1964 and S.l. No. 175 of 1965)
Restoration of
. lapsed patents
33. (1) Where a patent has lapsed owing to the failure of the
patentee to pay any prescribed fee within the prescribed time, the
patentee may in the prescribed manner apply to the Registrar for the
restoration of the patent.
(2) If the Registrar is satisfied that such failure was unintentional,
and that no undue delay has occurred in making the application, he
shall direct the patentee to advertise the application in the prescribed
manner, and thereupon any person may within such time as may be
prescribed give notice in the prescribed manner of opposition to the
restoration of the patent.
(3) If there is no opposition to such restoration, the Registrar
shall, on payment of the unpaid renewal fees, make an order restor
ing the patent.
(4) Where notice of opposition is given, the Registrar shall notify
the applicant thereof and shall, after the expiration of the prescribed
period and after hearing the applicant and the objector, decide the
matter and make an order either restoring the patent, subject to the
provisions of section thirty-four, or dismissing the application.