(c)
if, upon consideration of the invention, at any time it appears to the
competent authority that the publication of the invention would not, or would no
longer, be prejudicial to the defence of Zimbabwe, the competent authority shall give
notice to the Registrar to that effect;
(d)
on the receipt of any notice in terms of paragraph (c), the Registrar
shall revoke the directions and may, subject to such conditions, if any, as he thinks fit,
extend the time for doing anything required or authorized to be done by or under this
Act in connection with the application, whether or not that time has previously
expired.
(3) When directions have been given in terms of subsection (1), if any use of the
invention is made during the continuance in force of such directions by or on behalf
of or to the order of a department of the State, section thirty-four shall apply in
relation to that use as if a patent had been granted for the invention.
(4) If an applicant for a patent has suffered loss or damage by reason of his invention
having been kept secret in pursuance of directions in terms of subsection (1), the
Minister, with the consent of the Minister responsible for Finance, shall pay to him
such reasonable compensation as is agreed upon or, in default of agreement, as may
be determined by the Tribunal on a reference under subsection (1) of section thirty-
six.
[amended by Act 9 of 2002, with effect from the 20th December, 2002.]
(5) Where a patent is granted in pursuance of an application in respect of which
directions have been given in terms of subsection (1), no renewal fees shall be
payable in respect of any period during which those directions were in force.
(6) If any person fails to comply with any direction given under this section he shall
be guilty of an offence and liable to a fine not exceeding level seven or to
imprisonment for a period not exceeding two years or to both such fine and such
imprisonment.
[inserted by Act 22 of 2001, with effect from the 10th September, 2002.]
(7) In this section—
“competent authority” means the Minister responsible for defence or any other
Minister whom the President, by statutory instrument, designates as being the
competent authority for the purposes of this section.
PART IV
GRANT, EFFECT AND TERM OF PATENT
21
Grant and sealing of patent
(1) Subject to the provisions of this Act relating to opposition and to any other power
of the Registrar to refuse the grant, a patent sealed with the seal of the Patent Office
shall, if the prescribed request is made within the time allowed under this section, be
granted to the applicant or applicants within that time or as soon as may be thereafter,
and the date on which the patent is sealed shall be entered in the Register.
(2) Subject to the provisions of this Act relating to patents of addition, a request under
this section for the sealing of a patent shall be made not later than the expiration of
six months from the date of the publication of the complete specification:
Provided that—
(i)
where at the expiration of the said six months any proceeding in
relation to the application for the patent is pending in the High Court or before the
Registrar or the Tribunal, the request may be made within the prescribed period after
the final determination of that proceeding;
[amended by Act 9 of 2002, with effect from the 20th December, 2002.]
(ii)
where the applicant or one of the applicants has died before the
expiration of the time within which under this subsection the request could otherwise
be made, the request may be made at any time within-twelve months after the date of
the death or at such later time as the Registrar may allow.
(3) The period within which a request for the sealing of a patent may, in terms of
subsection (2), be made may from time to time be extended by the Registrar to such