Patents
[No. 40 of 2016
considered to be the first application in that country in respect of
that invention if, at the time of lodging the application—
(a) the previous application had been withdrawn, abandoned
or refused without having been opened to public
inspection;
(b) no priority rights have been claimed on the basis of the
first application; and
(c) no rights are outstanding in that convention country in
connection with an earlier application.
(3) An application which has been withdrawn, abandoned or
refused shall not, after the lodging of a subsequent application relating
to the same subject matter, be capable of supporting a claim for
priority rights, under this section, unless such rights are outstanding
in Zambia or in any convention country in connection with the first
application.
(4) Where a person makes an application for the grant of a
patent and the application is—
(a) in accordance with the terms of a treaty subsisting between
any two or more convention countries, equivalent to an
application duly made in anyone of those convention
countries; or
(b) in accordance with the law of any convention country,
equivalent to an application made in that convention
country;
the person shall, for the purposes of this section, be considered to
have applied in a convention country.
(5) Where priority is not claimed from an application for the
grant of a patent, accompanied by a provisional specification, within
the period specified in subsection (1) (c) (i), the application lapses.
43. (1) Subject to this section, a person resident in Zambia
shall not, without the written authority of the Registrar, file or cause
to be filed an application for a grant of a patent outside Zambia,
unless—
(a) an application for a patent for the same invention has
been filed with the Agency not less than six months
before the filing of the application outside Zambia; and
(b) there are no directions prohibiting publication or
communication issued by the Registrar as provided for
in section ninety-four, or such directions have been
revoked.
819
Restrictions
on patent
applications
outside
Zambia