World Intellectual Property Organization

Zambia

The Patents Tribunal Rules

 

 


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

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PART V

TAXATION OF COSTS

Rule

  1. Registrar of Patents Tribunal to be Taxing Officer
  2. Necessary and proper costs to be allowed
  3. Scale of fees to be followed
  4. Witnesses' charges and allowances'
  5. Taxation of costs
  6. Review of decision of Taxing Officer
  7. Reference to president of Tribunal in chambers

PART VI

GENERAL

  1. Adjournment of proceedings
  2. Place of hearing
  3. Prescribed forms
  4. Prescribed fees
  5. Endorsement of fee on document chargeable
  6. Oath to be taken by assessors appointed under section 79
  7. Remuneration of assessors

FIRST SCHEDuLE-Prescribed forms

SECOND SCHEDULE-Prescribed fees

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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.

(2)
A notice of appeal shall state the nature of the decision appealed against and whether the appeal is from the whole or part only and, if so, what part of the decision, and shall be accompanied by a statement in writing of the appellant's grounds of appeal.
(3)
The appellant shall send a copy of the notice of appeal to the Registrar of Patents and to any person or persons who appeared or gave notice of opposition in the proceedings before the said Registrar.
(4)
The appellant shall be responsible for the preparation of the record which shall be certified by the Registrar of Patents as correct in terms of sub-rule (7).
(5)
The Registrar of Patents as well as the parties or their legal practitioners shall endeavour to exclude from the record all documents (more particularly such as are purely formal) that are not relevant to the subject-matter of the appeal, and generally to reduce the bulk of the record as far as practicable, and to avoid the production of unnecessary exhibits, taking special care to avoid the duplication of documents and the unnecessary repetition of headings, and furnish merely the formal particulars of documents; but the documents omitted to be copied shall be enumerated in a list to be placed after the index or at the end of the record.

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(6)
The Registrar of Patents, after consultation with the registrar of the Tribunal, shall direct the number of copies of the record to be prepared, having regard to whether or not one or more assessors are likely to sit upon the hearing of the appeal.
(7)
After the completion of the preparation of the record, the Registrar of Patents shall certify the record to be correct and forward it to the registrar of the Tribunal together with such copies thereof as he has directed to be prepared in terms of subrule (6).

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

(2)
The application accompanied by supporting documents shall be delivered to the registrar of the Tribunal and copies shall forthwith be served by the appellant on the Registrar of Patents and on any person or persons who appeared or gave notice ofopposition in the proceedings before the said Registrar.
(3)
The respondent shall be entitled to file an affidavit in reply within fourteen days from the date of service or within such longer period as may be ordered by the Tribunal, and the Tribunal may permit further affidavits to be filed. Copies of such affidavits shall be served on the Registrar of Patents and on the appellant or the respondent, as the case may be, immediately after the affidavits are filed.

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.

(2)
In any case where the setting down of the hearing of an appeal has been delayed, any party may apply to the registrar of the Tribunal to fix a date for the hearing, and thereupon the registrar of the Tribunal, after consulting any other party and the president of the Tribunal, shall set down the appeal for hearing after having given to the Registrar of Patents and to any other party not less than fourteen days' notice or such shorter notice of the time and place appointed for the hearing of the appeal as directed by the president of the Tribunal.
(3)
Ifin the opinion of the registrar of the Tribunal an appeal is not being prosecuted timeously, he may lay the matter before the president of the Tribunal for directions and, if the president of the Tribunal is satisfied that the parties do not intend or are unable to proceed with the appeal, he may direct that the parties attend before him to show cause why the appeal should not be dismissed.

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Evidence

Attendance of witnesses

Security on appeal

Abandon

ment or

failure to

prosecute

appeal

Frivolous or vexatious appeals

  1. Subject to the provisions of subsection (4) of section seventy-five, the evidence used on appeal to the Tribunal shall be the same as that used before the Registrar of Patents and no further evidence shall be given, except with the leave of the Tribunal.
  2. The Tribunal may, at the request of any party, order the attendance at the hearing for the purpose of cross-examination of any person who has given evidence in the matter to which the appeal relates.
  3. (1) Subject to the provisions of section seventy-seven, any party may, at any time before the hearing of an appeal, apply to the Tribunal for an order that any opposing party shall, within such time, in such amount and in such manner as the Tribunal directs, give security for the payment of any costs which such opposing party may be ordered to pay.
(2)
The party applying for an order for security for costs shall serve upon the opposing party a copy of the notice of the application for security at least seven days before the date of the hearing thereof.
(3)
Any party ordered to give security for costs in terms of this rule may apply to the Tribunal for an order extending the time within which any security is to be given, and shall give not less than four days' notice of such application to the other party.
(4)
In the event of the security not being given or being only partly given within the time directed by the Tribunal or any extension thereof, all proceedings in the appeal shall be deemed to be stayed, unless the Tribunal otherwise orders, and the appeal shall be set down for such order, whether of dismissal or otherwise, as the Tribunal may think fit.

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.

(2)
The appellant shall serve a copy of the notice of abandonment on the respondent and on the Registrar of Patents.
(3)
The respondent may, upon receipt of such notice, apply to the Tribunal for an order in respect of any costs incurred by him.

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.

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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.

(4)
Such notice shall be in Form P.T. No.5 and shall be accompanied by a statement setting out fully the nature of the objector's interest, the grounds of opposition and the relief which he seeks and evidence of the facts upon which he relies.
(5)
Within two months from the receipt of the notice of opposition, the applicant may file evidence confined to matters strictly in reply and shall serve on the objector a copy of the evidence. Proof of service must be furnished to the satisfaction of the Registrar of Patents.
(6)
An objector shall be entitled at his own expense to be supplied with a copy of the application and of any evidence filed in support thereof.
(7)
When the provisions of this rule have been complied with to the extent herein required, the Registrar of Patents shall hand all relevant papers to the registrar of the Tribunal.

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.

(2)
The application shall set out fully the nature of the applicant's interest, the facts upon which he bases his case and the relief he seeks and shall be accompanied by an affidavit verifying the facts set out therein.
(3)
The applicant shall serve copies of the application and of the relevant affidavit upon the patentee and upon any other person appearing from the register to be interested in the patent, and he shall advertise the application in one issue of the Patent Journal in such form as may be approved by the Registrar of Patents.

Application for extension of patent

Application for compulsory licence in respect of patents relating to food or certain other commodities

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(4)
At any time within two months from the date of the advertisement, the patentee or any other person who wishes to oppose the application shall deliver to the Registrar of Patents a counter-statement, verified by affidavit, setting out fully the grounds upon which the application is opposed, and shall at the same time serve upon the applicant a copy of the counterstatement and of such affidavit. Proof of service shall be furnished to the satisfaction of the said Registrar.
(5)
When the provisions of this rule have been complied with to the extent herein required, the Registrar of Patents shall hand all relevant papers to the registrar of the Tribunal.

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.

(2)
The claimant shall by affidavit verify the facts upon which he relies and shall state fully the nature of his interest in the matter in dispute and the relief which he seeks.
(3)
The claimant shall serve a copy of his claim and of the relevant affidavit upon the other party to the dispute.
(4)
The other party shall within two months from the date of receipt of such copy deliver to the Registrar of Patents a counter-statement, verified by affidavit, setting out fully the nature of his interest and the facts upon which he relies, and shall at the same time serve upon the claimant a copy of the counter-statement and of such affidavit.

(,Ii) Proof of service shall be furnished to the satisfaction of the Registrar of Patents.

(6)
When the provisions of this rule have been complied with to the extent herein required, the Registrar of Patents shall hand all relevant papers to the registrar of the Tribunal.
(7)
Any party to the dispute may at any time during the proceedings under this rule make application to the Tribunal for an order for the hearing of oral evidence, and the Tribunal shall make such order as it deems fit.

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.

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(3)
The period within which a counter-statement may be lodged by the patentee shall be two months from the date of receipt by him of the application. If such counter-statement is not lodged within the said period, opposition to the application shall be deemed to be abandoned.
(4)
The applicant may within two months from the receipt of the copy of the counter-statement file evidence in support of his case and shall serve on the patentee a copy thereof.
(5)
Within two months from the receipt of the copy of the applicant's evidence or, if the applicant does not file any evidence, within two months from the expiration of the time within which the applicant's evidence might have been filed, the patentee may file evidence in support of his case and shall serve on the applicant a copy of the evidence; and within two months from the receipt of the copy of the patentee's evidence, the applicant may file evidence confined to matters strictly in reply and shall serve on the patentee a copy of the evidence.
(6)
No further evidence shall be filed by either party except by leave or direction of the Tribunal.
(7)
Proof of service of all notices, statements or other documents referred to in this rule shall be furnished to the satisfaction of the Registrar of Patents.
(8)
When the provisions of this rule have been complied with to the extent herein required, the Registrar of Patents shall hand all relevant papers to the registrar of the Tribunal.

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.

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(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

(3)
Thereafter the registrar of the Tribunal, after consultation with the president of the Tribunal, shall appoint a time for the hearing of the application and shall give the parties and the Registrar of Patents at least fourteen days' notice of the appointment.
(4)
If, after due inquiry into the allegations made, the Tribunal is satisfied that the patent agent concerned has been guilty of conduct discreditable to a patent agent or has been guilty of a breach of any regulation prescribed for the conduct of patent agents, the Tribunal shall make such order therein as it considers just.

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.

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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

  1. The registrar of the Tribunal shall be the Taxing Officer for the purpose of taxing a bill of costs of a legal practitioner, and in the taxation of costs shall comply with such instructions as may from time to time be given to him by the Tribunal for that purpose.
  2. (1) With a view to affording the party who has been awarded an order for costs a full indemnity for all costs reasonably incurred by him in relation to his application or opposition, and to ensure that all such costs shall be borne by the party against whom such order has been awarded by the Tribunal, the Taxing Officer shall on every taxation allow all such costs, charges and expenses as appear to him to have been necessary or proper for the attainment of justice or for defending the rights of any party, but, save as against the party who incurred the same, no costs shall be allowed which appear to the Taxing Officer to have been incurred or increased through over-caution, negligence or mistake, or by payment of a special fee to counsel, unless the Tribunal otherwise orders, or special charges and expenses to witnesses or other persons or by other unusual expenses.
(2)
Upon the taxation of costs the Taxing Officer may, in determining the remuneration to be allowed, have regard to the skill, labour and responsibility involved, If, on having regard to the said matters, the Taxing Officer considers that there are special reasons why costs in excess of those prescribed in the Second Schedule should be allowed, he may, in respect of any particular application made or business done, allow such costs as seem to him reasonable and shall certify his decision in writing.
(3)
Any person aggrieved by the charges made by any legal practitioner in respect of work performed by him under the provisions of the Act may refer such charges to the Taxing Officer for taxation.

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

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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.

(2)
The charges for witnesses as fixed by tariff are to be considered as payable to the witness by the party who summoned or produced him and, in the event of any such party beingawarded his costsagainst any otherparty, thesaidcharges shall be allowed against such other party in the taxation of costs.
(3)
Any person applying to the registrar of the Tribunal for the issue of a subpoena to compel the attendance of any witness shall by endorsement of such subpoena give an undertaking that all expenses due to the witness shall be tendered to such witness upon service of the subpoena, failing which no subpoena shall issue. If upon service of the subpoena all expenses due to such witness have not been paid, the subpoena shall have no force and effect.
(4)
In the taxation of costs between party and party, no amount shall be allowed for any witness, whether for attendance or travelling expenses, unless there is produced to the Taxing Officerproofthatsuch amount has alreadybeenpaidor tendered to or claimed by such witness.
(5)
In the taxation of costs between party and party, nothing shall be allowed for any witness not examined unless upon proof that his evidence might reasonably have been believed to be material and necessary.
(6)
If the number of witnesses summoned, or if the number of affidavits filed, is manifestly greater than is reasonably necessary, there shall only be allowed against the other party

, 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.

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(2)
When the dwelling-house or place of business of the party against whom costs are to be taxed is more than thirty-six miles from the seat of the Tribunal, the time for the service of such notice shall be extended to fourteen days.
(3)
In the taxation of costs, the notice of taxation with a copy ofthe bill of costs may be transmitted by registered post to the party appearing in person.
  1. Any party aggrieved by the decision of the Taxing Officer may apply to the Tribunal within four weeks after the taxation to review such taxation. Copies of the application shall be served on the Taxing Officer and on the opposite party. The application shall specify the items forming the subject of the grievance but the grounds upon which such items are sought to be reviewed shall not require to be verified by affidavit.
  2. The Taxing Officer may, without filing any formal documents, submit any point arising at a taxation for decision by the president of the Tribunal in chambers, and it shall be competent for the Taxing Officer and for the legal practitioners who appeared at the taxation to appear before the president of the Tribunal respecting such point.

PART VI

GENERAL

  1. The hearing of any application or other matter before the Tribunal may from time to time be adjourned upon such terms as the Tribunal thinks fit.
  2. (1) Except as provided in sub-rule (2), every hearing before the Tribunal shall be in Lusaka.
(2)
One or more of the parties may, not later than fourteen days before the date approved for the hearing, apply to the Tribunal to conduct the hearing at some other place in Zambia. The Tribunal may, in its discretion and subject to such conditions as to notice and costs as it thinks fit, conduct the hearing at the place named in the application.
(3)
Where an application under sub-rule (2) is not made by all the parties to the proceedings, the Tribunal shall not decide the application without giving the parties an opportunity to be heard.

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

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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

  1. Notice of appeal to the Patents Tribunal 3 (1)
  2. Application for an extension of time in which to appeal 4 (1)
  3. Notice of abandonment of appeal 9 (1)
  4. Application under section 30 of the Act for extension of term of patent 11 (1)
  5. Notice of opposition to application for extension of term of patent .. 11 (4)
  6. Application for licence under section 38 of the Act .. 12 (1)
  7. Reference to the Patents Tribunal under section 42 of the Act 13 (1)
  8. Application under section 50 of the Act for the revocation of a patent .. 14 (1)
  9. Application for rectification of register of patents 15

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 .

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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

  • ~l~~Wf~~)I:~,f~I~
  • amend speclfiea

. 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

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(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 [CAP. 692 91

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.

92 CAP. 692] Patents

[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)

(4)
State fullname of respondent
(5)
Herestate brieflythe nature

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

  1. On every appeal to the Tribunal from decision or order of the Registrar of Patents-inclusive fee 5.00
  2. On application under section 30 for extension of term of patent 6.00
  3. On notice of opposition to application for extension of term of patent 4.00
94 CAP. 692] Patents

[SUBSIDIARY] Patents Tribuna.l Rules Item Matter Amount

K

  1. On application for licence under section 38 5.00
  2. On a reference to the Tribunal under section 42
  3. On application under section 50 for the revocation of a patent 4.00
  4. On application for rectification of register of patents
    1. On any other application or matter made direct to the
    2. Tribunal under the Act .. The fees as prescribed in the First Schedule to the Patents Regulations
  5. On every search 0.25
  6. For typewritten copies of judgments or records, for additional copies of orders or for copies of documents or proceedings furnished upon direction of the registrar of the Tribunal:

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

  1. On certifying any document as an office copy 0.50
  2. Transcript of shorthand writers' notes Such fee as may be determined bytheMinister

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

 

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