the effective date of the application;
(e)
that the invention, in so far as is claimed in any claim of the complete
specification, is not useful;
(f)
that the complete specification does not fully describe and ascertain
the invention and the manner in which it is to be performed;
(g)
that the claims of the complete specification do not sufficiently and
clearly define the subject-matter for which protection is claimed;
(h)
that the complete specification does not disclose the best method of
performing the invention known to the applicant at the time when the specification
was lodged at the Patent Office;
(i)
that the application form or any other document filed in pursuance of
the application contains a material misrepresentation;
( j)
that the matter described or claimed in the complete specification is
not the same as that described in the provisional specification, and—
(i)
in so far as it is not described in the provisional specification, was not
new at the date when the complete specification was lodged at the Patent Office; or
(ii)
forms the subject of a pending application made in Zimbabwe for a
patent the effective date of which is prior to the date on which the complete
specification was lodged at the Patent Office;
(k)
in the case of a Convention application, that the specification
describes or claims matter other than that for which protection has been applied for in
the Convention country and that such other matter either—
(i)
forms the subject of an application for a patent in Zimbabwe which, if
granted, would bear a date in the interval between the lodging of the application in the
Convention country and the effective date of the application in Zimbabwe; or
(ii)
is not an invention as defined in this Act;
(l)
that the invention was not new at the effective date of the application;
(m)
that the specification includes claims which, in terms of subsection (1)
of section thirteen, should have been refused.
(2) Any notice of opposition given under subsection (1) shall—
(a)
state the grounds on which the objector intends to oppose the grant of
the patent; and
(b)
be accompanied by a statement setting out particulars of the facts
alleged in support of the said grounds;
and proof of service on the applicant concerned of a copy of such notice and of such
statement shall be furnished to the registrar of the Tribunal.
(3) A copy of any notice given under subsection (1) and of any statement which in
terms of subsection (2) accompanies such notice shall be served by the objector on
the applicant for the patent.
(4) If the applicant wishes to contest the opposition, he shall, within such time as is
prescribed or such further time as the registrar of the Tribunal may allow, lodge with
him a counter-statement setting out particulars of the grounds upon which the
opposition is to be contested.
(5) A copy of any counter-statement in terms of subsection (4) lodged with the
registrar of the Tribunal shall be served by the applicant on the objector concerned.
(6) Particulars delivered in terms of this section may from time to time, with the leave
of the registrar of the Tribunal, be amended.
(7) No evidence shall be admitted in proof of any ground on which particulars have
not been delivered in terms of this section, except by leave of the Tribunal.
(8) After receiving a notice of opposition under subsection (1) and compliance with
any other provisions of this section which are applicable the registrar of the Tribunal
shall arrange for the matter to be heard by the Tribunal in the manner prescribed and
the Tribunal may make such order therein as it considers just:
Provided that if before the Tribunal hears the matter a request is made in terms of
section thirty-seven for the amendment of the specification concerned, proceedings in