post-dated to such date as may be specified in the request:
Provided that—
(i)
no application shall be post-dated under this subsection to a date later
than six months from the date on which it was actually lodged or would, but for this
subsection, be deemed to have been so lodged;
(ii)
a Convention application shall not be post-dated under this subsection
to a date later than the last date on which, under this Act, the application could have
been made.
(2) Where an application or specification lodged under this Act is amended before
acceptance of the complete specification, the Registrar may direct that the application
or specification shall be post-dated to the date on which it is amended or, if it has
been returned to the applicant, to the date on which it is again lodged under this Act.
(3) Where, at any time after an application or specification has been lodged at the
Patent Office and before acceptance of the complete specification, a fresh application
or specification is lodged in respect of any part of the subject-matter of the first-
mentioned application or specification, the Registrar may direct that the fresh
application or specification shall be ante-dated to a date not earlier than the date of
lodging of the first-mentioned application or specification.
(4) An appeal shall lie from any decision of the Registrar under subsection (2) or (3).
13
Refusal of application in certain cases
(1) Subject to subsection (2), if it appears to the Registrar in the case of any
application for a patent that—
[amended by Act 9 of 2002, with effect from the 20th December, 2002.]
(a)
it is frivolous on the ground that it claims as an invention anything
obviously contrary to well-established natural laws; or
(b)
the patent applied for cannot be granted by virtue of section two A; or
(b1)
the use of the invention in respect of which the application is made
would be generally expected—
(i)
to endanger public order or public safety; or
(ii)
to encourage offensive, immoral or anti-social behaviour; or
(iii)
to endanger human, animal or plant life or health; or
(iv)
to promote serious prejudice to the environment; or
[inserted by Act 9 of 2002, with effect from the 20th December, 2002.]
(c)
it claims as an invention a substance capable of being used as food or
medicine which is a mixture of known ingredients possessing only the aggregate of
the known properties of the ingredients or that it claims as an invention a process
producing such a substance by mere admixture;
he may refuse the application.
(2) An application shall not be refused in terms of subsection (1) merely because
exploitation of the invention concerned would be contrary to the law of Zimbabwe.
[amended by Act 9 of 2002, with effect from the 20th December, 2002.]
(3) An appeal shall lie from any decision of the Registrar under subsection (1) or (2).
14
Powers of Registrar if specification or application defective
(1) If, in the case of a complete specification lodged in pursuance of an application
for a patent, which application was accompanied by a provisional specification, the
result of any examination made in terms of subsection (1) of section eleven is adverse
to the applicant in regard to any matter referred to in that subsection or it is found that
the invention described in the complete specification includes matter not included in
the provisional specification, the Registrar may, subject to subsection (6) of section
nine—
(a)
refuse to accept the complete specification until it has been amended
to his satisfaction; or
(b)
with the consent of the applicant, cancel the provisional specification
and direct that the application be post-dated to the date upon which the complete
specification was lodged at the Patent Office; or