(i)
to use that art or process within Zimbabwe; and
(ii)
to use, offer for sale or sell within Zimbabwe any manufacture or
product obtained directly by that art or process; and
(iii)
to import into Zimbabwe any manufacture or product obtained
directly by that art or process;
in such manner as he thinks fit, so that he enjoys the whole profit and advantage
accruing from the invention during the term of the patent.
[substituted by Act 9 of 2002, with effect from the 20th December, 2002.]
(5) The rights granted in subsection (4) shall not be construed as prohibiting any
person from making, constructing, using or selling the patented invention solely for
uses reasonably related to the development and submission of information required
under any law that regulates the manufacturing, construction, use or sale of any
product.
(6) The rights granted in subsection (4) shall not have effect in relation to a product
which has been put on the market in any country by the patent holder or by an
authorised person.
[inserted by Act 9 of 2002, with effect from the 20th December, 2002.]
24A Parallel importation of patented products etc.
A patented product which has been put on the market in another country by a patentee
may be imported into Zimbabwe, without the consent of the patentee, if the cost of
importing such product is less than the cost of purchasing from the patentee.
[inserted by Act 9 of 2002, with effect from the 20th December, 2002.]
24B
Test batches of patented products
(1) Test batches of a patented product may be produced without the consent of the
patentee six months before the expiry of the patent:
Provided that the test batches shall not be put on the market before the expiry date of
the patent.
(2) Where test batches of a patented product have been produced in terms of
subsection (1), the term of the patent of the original product shall not be extended.
[inserted by Act 9 of 2002, with effect from the 20th December, 2002.]
25
Term of patent
Subject to this Act, the terms of every patent shall be twenty years from the date on
which the application for the patent was lodged at the Patent Office in terms of
paragraph (b) of subsection (1) of section seven.
[substituted by Act 9 of 2002, with effect from the 20th December, 2002.]
26
Patents of addition
(1) Subject to this section, where an application for a patent is pending or a patent has
been granted for an invention (hereinafter referred to as the main invention) and the
applicant or patentee applies for a further patent in respect of any improvement in or
modification of the main invention, the Registrar may, if the applicant so requests,
grant a patent for the improvement or modification as a patent of addition.
(2) Subject to this section, where an invention, being an improvement in or
modification of another invention, is the subject of an independent patent and the
patentee in respect of that patent is also the patentee in respect of the patent for the
main invention, the Registrar may, if the patentee so requests, by order revoke the
patent for the improvement or modification and grant to the patentee a patent of
addition in respect thereof, bearing the same date as the date of the patent so revoked.
(3) A patent shall not be granted as a patent of addition unless the date of lodging of
the complete specification was the same as or later than the date of lodging of the
complete specification in respect of the main invention.
(4) A patent of addition shall not be sealed before the sealing of the patent for the
main invention and if the period within which, but for this provision, the sealing of a
patent of addition could be made under section twenty-one expires before the period
within which the sealing of the patent for the main invention may be so made, the
sealing of the patent of addition may be made at any time within the last-mentioned