longer period as may be specified in an application made to him in that behalf if the
application is made and the prescribed fee paid within that longer period:
Provided that the first-mentioned period shall not be extended under this subsection
by more than six months or such shorter period as may be prescribed.
(4) Where in any case—
(a)
the longest period for making a request for the sealing of a patent
allowable in that case by or under subsection (1), (2) or (3) has been allowed; and
(b)
it is proved to the satisfaction of the Registrar that hardship would
arise in connection with the prosecution by an applicant of an application for a patent
in any country outside Zimbabwe unless that period was extended;
the period referred to in paragraph (a) may be extended from time to time by the
Registrar to such longer periods as appear to him to be necessary in order to prevent
that hardship arising if an application in that behalf is made to him and the prescribed
fee is paid within the first-mentioned period or, in the case of a second or subsequent
application under this subsection, within the period to which that period was extended
on the last preceding application under this subsection.
(5) For the purposes of this section, a proceeding shall be considered—
(a)
to be pending, so long as the time for any appeal therein, apart from
any future extension of that time, has not expired;
(b)
to be finally determined, when the time for any appeal therein, apart
from any future extension of that time, has expired without the appeal being brought.
22
Amendment of patent granted to deceased applicant
Where, at any time after a patent has been sealed in pursuance of an application under
this Act, the Registrar is satisfied that the person to whom the patent was granted has
died or, in the case of a body corporate, had ceased to exist before the patent was
sealed, he may amend the patent by substituting for the name of that person the name
of the person entitled thereto according to law, and the patent shall have effect and
shall be deemed always to have had effect accordingly.
[amended by Act 9 of 2002, with effect from the 20th December, 2002.]
23
Date of patent
(1) Subject to this Act, the date of a patent shall be—
(a)
in the case of a patent granted under this Act or the Patents Act, 1957
(No. 13 of 1957), the effective date of the application therefor;
(b)
in the case of a patent granted under the Patents Act [Chapter 222 of
1939] or the Patents (Transitional Provisions) Act, 1958 (No. 5 of 1958), the date of
application therefor.
(2) The date of a patent referred to in paragraph (a) of subsection (1) shall be entered
in the Register and in the patent.
24
Extent, effect and form of patent
(1) Subject to this Act, a patent shall have the same effect against the State as it has
against a subject.
(2) A patent shall be in such form as may be prescribed.
(3) A patent shall be granted for one invention only but it shall not be competent for
any person in an action or other proceeding to take any objection to a patent on the
ground that it has been granted for more than one invention.
(4) The effect of a patent shall be to grant the patentee, subject to this Act and the
conditions of the patent, full power, sole privilege and authority by himself, his
agents and licensees during the term of the patent —
(a)
where the invention is a machine, manufacture or composition of
matter—
(i)
to make, use, offer for sale or sell that machine, manufacture or
composition of matter within Zimbabwe; and
(ii)
to import that machine, manufacture or composition of matter into
Zimbabwe for the purpose of making it, using it, offering it for sale or selling it;
(b)
where the invention is an art or process—