8
CAP. 400]
Patents
"date of lodging", in relation to any document lodged under this
Act, means the date on which the document is lodged or,
where it is deemed by virtue of any provision of this Act to
have been lodged on any different date, the date on which
it is deemed to have been lodged;
"effective date" means, in relation to
(a) an application which has been ante-dated or post
dated under this Act, the date to which that applica
tion has been so ante-dated or post-dated;
(b) an application in a convention country, the date on
which the application in respect of the relevant
invention was made in the convention country in
question or is in terms of the laws of that country
deemed to have been so made;
(c) any other application, the date on which that appli
cation was lodged at the Patent Office;
"examiner" me,ans an examiner appointed under sectionfour;
"exclusive licence" means a licence from a patentee which con
fers on the licensee, or on the licensee and. persons autho
rised by him, to the exclusion of all other persons (including
the patentee), any right in respect of the patented invention,
and "exclusive licensee" shall be construed accordingly;
"invention" means any new and useful art (whether producing a
physical effect or not), process, machine, manufacture or
composition of matter which is not obvious, or any new
and useful improvement thereof which is not obvious,
capable of being used or applied in trade or industry and
includes an alleged invention;
"inventor" means the person who actually devised the invention
and includes the legal representative of an inventor. but
does not include a person to whom an invention has been
communicated either from within or outside Zambia;
Cap. 30
"legal practitioner" means a person admitted or otherwise enti
tled to practise as a barrister and solicitor in terms of the
Legal Practitioners Act;
"legal representative" means
(a) the liquidator or receiver of a company;
(b) the representative recognised by law of any person
who has died. become bankrupt, assigned his estate,
is an infant or a minor. or of unsound mind, or is
otherwise under a disability;
"new", in relation to an invention, means, subject to the provi
sions of sections eight, ten and forty-six. that, on or before
the effective date of application for a patent in respect
thereof, the invention was not