818 No. 40 of 2016]
Right of
priority
Patents
(5) In determining whether an invention claimed in an
application is based on matter disclosed in a prior application for a
grant of a patent, or a prior application in a convention country,
regard shall be had to the disclosures contained in all documents
lodged at the same time as, and in support of, that prior application
in a convention country.
42. (1) An application for a grant of a patent, accompanied
by a complete specification, may claim priority from—
(a) the date of filing of a prior application for the grant of a
patent relating to the same subject matter of an invention,
accompanied by a provisional specification;
(b) the date of filing of a prior application for the grant of a
patent relating to the same subject matter of an invention,
accompanied by a complete specification; or
(c) the date of filing an application for the grant of a patent in
a convention country relating to the same subject matter,
except that—
(i) in the case of an application for the grant of a
patent claiming priority in terms of paragraph
(a) or (b), the prior application was lodged not
earlier than twelve months before payment of
the prescribed fee or not earlier than fifteen
months before the date of the application
claiming priority;
(ii) in the case of an application for the grant of a
patent claiming priority in terms of paragraph
(c), the application in the convention country
was lodged not earlier than twelve months
before the convention application and was the
first application in any convention country in
respect of the invention; or
(iii) the applicant, in the application for the grant of
a patent claiming priority, is the owner of the
prior application for the grant of a patent
referred to in paragraph (a) or (b) or of the
application in the convention country referred
to in paragraph (c) or the applicant has acquired
the right to claim priority in Zambia.
(2) Where a subsequent application for the grant of a patent is
filed in a convention country following an earlier application in
respect of the same invention, such subsequent application shall be