Rule
I.
II.
THE PATENTS TRIBUNAL RULES
ARRANGEMENT OF RULES
PART I
PRELIMINARY
Title
Interpretation
PART II
ApPEALS Entry of appeal Application for an extension of time in which to appeal Notice of hearing Evidence Attendance of witnesses Security on appeal Abandonment or failure to prosecute appeal Frivolous or vexatious appeals
PART III
ApPLICATIONS AND OPPOSITIONS
Application for extension of patent
Application for compulsory licence in respect of patents
relating to food or certain other commodities Dispute as to State use Revocation of patent Rectification of register Hearing of applications Evidence by affidavit Costs
PART IV
PATENT AGENTS
Recognition of Institute
Procedure under section 69 (2)
Institute entitled to appear in all proceedings
Patents Tribunal Rules [SUBSIDIARY]
PART V
TAXATION OF COSTS
Rule
PART VI
GENERAL
FIRST SCHEDuLE-Prescribed forms
SECOND SCHEDULE-Prescribed fees
78 CAP. 692] Patents
[SUBSIDIARY]
Federal
Section S1-THE PATENTS TRIBUNAL RULES
Government Notice 252 of 1957 Rules by the .Minister
Government Notice 497 of 1964
PAHT I
PRELIMINARY
Title 1. These Rules may be cited as the Patents Tribunal Rules.
Intorpreta2. In these Rules, unless the context otherwise requires
tion
" Office" means the Patent Office; " section " means a section of the Act; " Tribunal" means the Patents Tribunal.
PART II
APPEALS
Entry of 3. (1) Any person who desires to appeal to the Tribunal
appeal
from a decision of the Registrar of Patents in any matter in which a right of appeal is given under the Act shall, within three months after the date of the decision, file with the registrar of the Tribunal a notice in Form P.T. No.1.
Patents Tribunal Rules [SUBSIDIARY]
4. (1) Any application for an extension of time in which to Application for an
appeal shall be in Form P.T. No.2 and shall state briefly the
extension of
grounds upon which the application is based and where facts
time in are alleged such facts shall be verified by affidavit. which to
appeal
5. (l) The registrar of the Tribunal shall, after obtaining Notice of directions from the president of the Tribunal, give to the hearing Registrar of Patents, to the appellant and to any opposing party not less than fourteen days' notice of the time and place appointed for the hearing of the appeal, unless the president of the Tribunal directs that shorter notice shall be given.
80 CAP. 692] Patents
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Evidence
Attendance of witnesses
Security on appeal
Abandon
ment or
failure to
prosecute
appeal
Frivolous or vexatious appeals
9. (1) An appellant may at any time abandon his appeal by giving notice of abandonment in Form P.T. No. 3 to the registrar of the Tribunal and upon such notice being given the appeal shall be deemed to have been dismissed by the Tribunal.
10. Ifit appears to the Tribunal that any notice of appeal against a decision of the Registrar of Patents discloses grounds of appeal which are frivolous or vexatious and that the appeal can be determined without a hearing, the Tribunal may dismiss the appeal summarily without calling on any person to attend the hearing of such appeal.
Patents [CAP. 692
Patents Tribunal Rules [SUBSIDIARY]
PART III
ApPLICATIONS AND OPPOSITIONS
ll. (1) Subject to the provisions of section sixty-six, an application to the Tribunal under section thirty for an order extending the term of a patent shall be made in Form P.T. No.4 and shall be filed with the Registrar of Patents after the applicant has duly advertised his application in two consecutive issues of the Patent J ournal and notified in writing the registered licensee or patentee, as the case may be, of the advertisement.
(2) The application shall state the period of the extension which is sought and shall be supported by evidence setting out fully the facts relied upon, such evidence being filed either with the application or at any time within three months from the date thereof.
(:3) At any time within two months from the date of the second advertisement of the application in the Patent Journal, any person may give notice of opposition.
12. (1) An application under section thirty-eight for a licence under a patent shall be made in Form P.T. No.6 and shall be filed with the Registrar of Patents.
Application for extension of patent
Application for compulsory licence in respect of patents relating to food or certain other commodities
82 CAP. 692] Patents [SUBSIDIARY] Patents Tribunal Rules
Dispute as 13. (1) Any reference to the Tribunal under section forty-two
to State use
by a party to a dispute (hereinafter referred to as " the claim
ant") shall be made in Form P.T. No.7 and shall be filed with
the Registrar of Patents.
(,Ii) Proof of service shall be furnished to the satisfaction of the Registrar of Patents.
Revocation 14. (1) An application for the revocation of a patent under
of patent
section fifty shall be made in Form P.T. No.8 and shall be filed with the Registrar of Patents.
(2) The applicant shall serve copies of the application upon the patentee and shall advertise the application in one issue of the Patent Journal in such form as may be approved by the Registrar of Patents.
Patents [CAP. 692 Paten til Tribunal Rules [SUBSIDIARY]
15. An application for the rectification of the register under Reotification
of register
section sixty shall be made to the Tribunal in Form P.T. No.9 and a copy thereof shall be served on the Registrar of Patents and on any other person appearing from the register to be interested in the patent.
Hearing of
16. (1) When the registrar of the Tribunal has received
applications
from the Registrar of Patents the papers or written proceedings in relation to any application or other matter made to the Tribunal under the provisions of the Act 01' in matters where applications to the Tribunal are not required to be transmitted through the said Registrar, he shall, after taking directions from the president of the Tribunal, appoint a time and place for the hearing of the case, and shall give the parties at least fourteen days' notice of the appointment.
(2) After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Tribunal shall decide the case and notify its decision to the parties.
17. (1) All evidence shall be by affidavit unless otherwise Evidenoe by affidavit
directed by the Tribunal.
84 CAP. 692] Patents [SUBSIDIARY] Patents Trib~na'-l-:R=-u-l-es-------
(2) Whenever a time is specified in this Part within which any act or thing is to be done, the Registrar of Patents may, on application made to him in writing, extend the time either before or after its expiration or within any extended period.
Costs 18. If the applicant notifies the Tribunal that he does not desire to proceed with an application, the Tribunal in deciding whether costs should be awarded to the other party shall consider whether proceedings might have been avoided if such other party had given reasonable notice to the applicant before the application to the Tribunal was filed.
PART IV
PATENT AGENTS
Recognition
19. The *Patents Institute of Rhodesia and Nyasaland
of Institute
(hereinafter called" the Institute") is hereby recognised for
the purposes of subsection (4) of section sixty-nine as being
representative of the patent agents in Zambia.
Procedure 20. (1) An application under subsection (2) of section si;t·tyunder
nine for an order to remove the name of any patent agent from
section 69 (2)
the register of patent agents or to suspend any patent agent from practising as such shall be made to the Tribunal by the Institute or by any other person, and such application, accompanied by affidavits of the facts upon which it is based, shall be filed with the registrar of the Tribunal.
(2) A copy of the application and of the accompanying affidavits shall be served upon the patent agent concerned, who within one month after receipt thereof shall notify the registrar of the Tribunal in writing whether he wishes to adduce evidence and to be heard by the Tribunal.
II
I IIIiI III
Institute 21. Upon application under subsection (2) of section sixtyentitled to nine being made by any person other than the Institute to
appear in all
remove the name of any patent agent from the register of
proceedings patent agents or to suspend any agent from practising as such, notice of such application shall, within fourteen days after the date of filing of the application, be served on the secretary of ... This Institute is defunct but has not yet been replaced.
Patents [CAP. 692
Patents Tribunal Rules [SUBSIDIARY]
the Institute together with copies of all affidavits and other documents filed in support of such application, and the Institute shall be entitled to appear by one of its officers in support of or in opposition to any such application.
PART V
TAXATION OF Cosrs
24. In the taxation of costs the Taxing Officer shall be guided, as far as the circumstances of each particular case will permit, by the scale of fees prescribed in Part IV of the Second Schedule. In addition to these charges all disbursements shall be separately charged and shall be allowed by the Taxing Officer when reasonable.
Registrar of Patents Tribunal to be Taxing Officer
Necessary and proper costs to be allowed
Scale of fees to be followed
---=--:-:----:-=,..-,---------
[SUBSIDIARY] Patents Tribunal Buies
Witnesses' 25. (1) Witnesses requiring payment shall be paid for their
~~~:~~~d attendance and travelling in accordance with the tariff prescribed in Part II of the Second Schedule.
, the charges for such witnesses or affidavits as were reasonably necessary.
I IIII II I
(7) In the taxation of costs between party and party, no amount shall be allowed for any witness in respect of personal attendance or travelling expenses if the fact or facts which such witness is subpoenaed to prove have, before the issue of such subpoena, been admitted to the party taking out the subpoena by the opposite party:
Provided that such admission shall be in writing, signed by the party making it or his legal practitioner acting on his behalf.
(8) When the same person is a witness in more cases than one heard on the same day, he shall be entitled to no more than one fee for personal attendance and one allowance for travelling expenses, which shall be equally divided between such cases.
Taxation of 26. (1) In all cases where a notice of taxation is necessary,
costs seven days' notice together with a copy of the bill of costs shall be given by the legal practitioner on behalf of the party whose costs are to be taxed to the other party or to the legal practitioner of such other party.
Patents [CAP. 692
Patents Tribunal Rules [SUBSIDIARY]
PART VI
GENERAL
31. The forms set out in the First Schedule shall be used in all cases to which they are applicable and may be modified as directed by the president of the Tribunal.
Review of decision of Taxing
Officer
Reference to president of Tribunal in chambers
Adjournment of proceedings
Place of hearing
Prescribed forms
88 CAP. 692] Patents
[SUBSIDIARY] Patents Tribunal Rules
f,rescribed 32. The Tribunal fees prescribed in Part I of the Second BeS Schedule shall be paid to the Registrar of Patents at the Office.
Endorse33. (1) Upon receipt of any document chargeable with any
ment of fee
fee payable in terms of these Rules, the Registrar of Patents shall
on document chargeable endorse upon the original of such document the amount of the
fee paid and the date of payment.
(2) The Registrar of Patents shall refuse to accept any document in respect of which a fee is 'Payable under these Rules, unless the appropriate fee accompanies such document.
Oath to be
34. The form of oath to be taken by assessors shall be as
taken by
follows:
assessors appointed
"I, hereby declare that I
under
section 79 will to the best of my ability faithfully and diligently discharge any duties as assessor without favour, fear or prejudice."
Remunera
35. The remuneration of any assessor appointed under
tion of
section se?Jenty-nine shall be as prescribed in Part III of the
asaessors Second Schedule.
I FIRST SCHEDULE
(Rule 31)
I PRESCRIBED FORMS Form Matter Rule
Form P.T. No.1 Sections 73 and 80 Rule 3 (1)
THE PATENTS ACT Fee: K5
NOTICE OF ApPEAL TO THE PATENTS TRIBUNAL
(1) State nature of IN THE MATTER f 1"
application or pro-0 an app ication (1) . ceedlngs, the name
of the applicant .....•........••................................................... and the number
of the application
for Letters Patent .
Patents Tribunal·Rules [SUBSIDIARY]
and
IN THE MATTER of an opposition by (2) (2)state the nameof the objector(e)
• •................................................................. ifthe application
Is opposed
...................................................................
I/We (3) (3) State full name and address of
of appeliant(s)
••••••••••••••••••••••• 0 •••••••••••••••••••••••••••••••••••••••••••
hereby give notice ofappeal to the Tribunal from (4) (4) Here Insert .. the decision" or
••.•••••...•..................................................... .• ..thatpart of the f th R . t fPdtd th d f decision", as the
o e egisrar 0 atents, a e e. ......................... .. ay 0 casemaybe
..............................,19 , whereby he
(5) ...•...•.....•.....•............................................ (5) Here insert .. refusedappllca
•................................................................ .• tlonforLetters
Patent" or
•.•................................................................ ..refused(or
. tion .. or other-
Dated this day of , 19. . . . . . wise,as the case maybe
(6) (6) To be signed by
the appellant(s)
........................................................ orhis/theirlegal
practitionerMy/Our address for service in Zambia:
The Registrar of the Patents Tribunal, Lusaka, Zambia.
Form P.T. No.2 Section 80 Rule 4 (1)
THE PATENTS ACT Fee: Nil
APPLIOATION FOR AN EXTENSION OF TIME IN WHICH TO APPEAl.
IN THE MATTER of an application (1) ....•................•..•.•••.•• (1) State nature of application or pro
•....•..••............................•.••••.................•.•• •• eeedlngs,thename
· ~~~hth:~:~t~~ ................................................................... ~~rtt~tJ~I~a~:t
and
IN THE MATTER ofan opposition by (2) (2)state the name of the objector(s)
· If the application
Is opposed
••••••••••••••••••••• 0 •••••••••••••••••••••••••••••••••••••••• 0 ••••
I/\Ve (3) (3) State full name and addressof
of appeliant(s)
hereby make application for an order of the Tribunal extending the time in
whioh to appeal from (4) !!ih~"J:c\~i~::' or
·..•............................................................. .. ..thatpart ofthe
decision", as the
•....•.......•.•......................•.••......................... case may be of the Registrar of Patents on the following grounds (5) , (5) Here state
briefty the grounds
uponwhichthe
••...................................................•............. application Is
· ..........•....................................................... based, and where
facts are alleged
·.................................................................. suchfactsshall
be veriftedby
Dated this day of ,19 affidavit
[SUBSIDIARY] Patents Tribunal Rules
(6)To besignedby(6) ..................••••.............•••.•.•••••••.......•
the appellant(s)
or hlB/thelr legal
practitioner
The Registrar of the Patents Tribunal,
ceedlngs, thename ...................................................................
Lusaka, | ||
---|---|---|
Zambia. | ||
Form P.T. No.3 | Rule 9 (1) | |
THE PATENTS ACT | ||
Fee: Nil | ||
NOTICE OF ABANDONMENT OF ApPEAL | ||
(1) State nature of applicationor pro- | IN THE MATTER ofan application (1) | . |
of the appllcant(s)
and the number . of the application
for Letters Patent
and
(2) State the name IN THE MATTER of an opposition by (2) ................•............. of the objootor(s)
~p~;S:KPllCatiOn IB:: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
you are hereby notified that the above-named appellant(s) hereby abandon(s) all further proceedings in the above matter. Dated this day of , 19 .
(3) To be signed(3) ....••.................................•................
by the appellant(s)
or hlB/thelr legal
practitioner
The Registrar of the Patents Tribunal, Lusaka, Zambia.
Form P.T. No.4 Section 30 (1) Rule 11 (1)
THE PATENTS ACT Fee: K6
ApPLICATION UNDER SECTION 30 OF THE ACT FOR EXTENSION OF TERM OF PATENT
(1) State full name I/We (1) ......•..................................................
and addreB8 of
appllcant(s) .
hereby apply for an extension of the term ofPatent No .
}~~ ~:;~ rx~~lon for a period of (2) ............•••............. year(s), on the following IBsought
(3) Here state grounds (3) .
brieflythe nature
of the grounds
Dated this .•.•...•........ day of , 19 .
(4) To be a\ped(4) ••••.•.•••••.......•••••..•......•...••...•...•......... by the appUcant(s)
or hlB/thelr legal
practitioner My/Our address for service in Zambia:
The Registrar, The Patent Office, Lusaka. Zambia. NOTB.-The application must be accompanied by evidence setting out fully the facts relied upon.
Patents Tribunal Rules [SUBSIDIARY]
Form P.T. No.5 Section 30 (3) Rule II (4)
THE PATENTS ACT Fee: K4
NOTICEOF OPPOSITION TO ApPLICATION FOR EXTENSIONOF TERM OF PATENT
I/We (1) , (1) state full name and address of
· objector(s)
hereby give notice of opposition to the application for extension of the term of Patent No upon the following grounds (2) (2) Here state ·................................................................ .. brlellythegrounds
Dated this day of ,19 .
(3) (8) To be signedby the objector(s)
........................................................ orhis/theirlegal My/Our address for service in Zambia: practitioner
The Registrar, The Patent Office, Lusaka, Zambia.
NOTE.-The application must be accompanied by evidence in support of the opposition.
Form P.T. No.6 Seotion 38 Rule 12 (1)
THE PATENTS ACT Fee: K5
APPLICATION FOR LIOENCE UNDER SECTION 38 OF THE AOT·
I/We (1) .................•..........................•.......•... (1) State name and addressof
·.................................................................. appllcant(s) hereby apply for a licence under Patent No for making, using and exercising the invention
(a) as food or medicine;
~~i~~ ~h\~~ver
(b) for the purpose of the produotion of food or medicine; Isnot applicable
(c) as or as part of a surgical or curative devioe; for the following reasons (2) •......................................... (2) state nature of
appllcant's(s')
·.................................................................. Interestandthe
·.................................................................. factsreliedupon
Dated this day of , 19 .
(3) (8) To be slf,ned
........................................................ ~l :it~~I:I~~~~(S)
My/Our address for service in Zambia: practitioner
The Registrar,
The Patent Office,
Lusaka,
Zambia.
NOTE.-The applioation must be accompanied by evidence verifying the
statements set out in the application.
[SUBSIDIARY] Patents Tribunal Rules
(1) state name of
clalmant(8) and
nature ofmatter
In dispute
(2) state nameof
other party to
dispute
(3) State full name
and addressof
clalmautrs)
of the grounds
(6) To be signedby the clalmantfs)
or his/theirlegal
practitioner
(1) State fullname
and addressof
applloont(8)
(2) The grounds of
the application
can only be one
or moreof the ground8on which
grant of the patent
couldhave been
opposedunder
section22
(3) Ifsuch action or proceedings are
pendinglu any
Court the applica
tion cannot be
madewithoutthe
leave of the Court
Form P.T. No.7 Section 42 Rule 13 (1) THE PATENTS ACT Fee: K5
REFERENCE TO THE PATENTS TRIBUNAL UNDER SECTION 42 OF THE ACT
IN THE MATTER of a reference by (1) .
against
(2) .
I/We (3) •..........................................................
hereby refer for the determination of the Tribunal my/our claim against
(4) ••..............................................................
The following are the grounds on which I/we base my/our claim:
(5) .
Dated this day of , 19 .
(6) .
My/Our address for service in Zambia:
The Registrar, The Patent Office, Lusaka, Zambia.
NOTE.-The claim must be accompanied by an affidavit verifying the facts and stating fully the nature of the interest in the matter in dispute and the relief sought.
Fonn P.T. No.8 Section 50 Rule 14 (1)
THE PATENTS ACT
Fee: K4 APPLICATION UNDER SECTION 50 OF THE ACT FOR THE REVOCATION OF A PATENT I/We (1) .
hereby apply for an order for the revocation of Patent No . on the following grounds:
(2) .......•..•.•...................................................
. ......•...................... .............. ............... ...... ..
.•••...........•...•...............................................
(3) I/We declare that no action for infringement or proceedings in any Court for the revocation of the Letters Patent are pending.
Dated this day of , 19 .
Patents [CAP. 692
Patents Tribunal Rules [SUBSIDIARY]
(4) ·..............................•..•.... •............ •.•. (4)Tobesignedby
the appllcant(s)
·....................................................... orhis/theirlegal
practitioner
My/Our address for service in Zambia:
The Registrar, The Patent Office, Lusaka, Zambia.
NOTE.-The application must be accompanied by a statement setting out fully the nature of the applicant's interest, the facts relied upon and the reliefsought.
Form P.T. No.9 Section 60 Rule 15
THE PATENTS ACT FEE: K2
ApPLfCATION FOR I{ECTIFICATION OF REGISTER OF PATENTS
I/We (I) ~~d~:::~tame and ................................................................... appllcant(s)
hereby apply in respect of Patent No that the register ifi d i he f 11. (2) (2) State manner
mayberecti e mt e10 owmgmanner ............................. Inwhichregister
Is to be rectified
...........................................................''\, .....
The grounds upon which I/we base this application are as follows:
(3) ~f!e ~~n~~eIlY
Dated this day of , 19 .
(4) ........................................................ ~t~ ~~~i'C:~l(:f by
·....................................................... orhis/theirlegal
practitioner
My/Our address for service in Zambia:
The Registrar, The Patent Office, Lusaka. Zambia.
SECOND SCHEDULE
(Rules 24, 25, 32 and 35)
PRESCRIBED FEES
PART I
TRIBUNAL FEES
Item Mauer Amount
K
[SUBSIDIARY] Patents Tribuna.l Rules Item Matter Amount
K
5.00
2.00
The first copy for each folio of 100 words or part thereof 0.15
Additional copies for each folio of 100 words or part thereof 0.05
PART II
SUBSISTENCE AND TRAVELLING ALLOWANCES PAYABLE TO WITNESSES
Witnesses attending the Tribunal shall be paid subsistence and travelling allowances at the rates prescribed in Part III of the First Schedule to the Court of Appeal Rules.
PART III
REMUNERATION OF ASSESSORS
An assessor shall be remunerated at the rate of K2.10 per hour or part thereof, but his remuneration shall not exceed KIO.50 per day, unless the Minister, with the approval of the Minister responsible for finance. otherwise directs. An assessor shall in addition be paid a travelling allowance at the rates prescribed in Part III of the First Schedule to the Court of Appeal Rules.
PART IV
LEGAL PRACTITIONERS' FEES
Legal practitioners' fees in any appeal, application, opposition or other matter heard before the Tribunal shall be in accordance with the tariff of fees prescribed in Part II of the Second Schedule to the Court of Appeal Rules, save as hereinafter provided-
Perusal of any necessary document-s-For the first 10 folios-per folio 25n For each subsequent folio IOn