Legislative Implementation of Flexibilities - Zimbabwe

Title:	Sections 9 (2) and (3) (a) and (b), 17 (1) (f) and (h) and 45 (1) of the Patents Act (Chapter 26:03) No. 26 of 1971 as last amended by Act 20/1994 (S.7)
Field of IP:	Patents
Type of flexibility:	Disclosure related flexibilities
Summary table:

Provisions of Law

Contents of specification

9.-(2) A provisional specification shall fairly describe the invention.

(3) A complete specification shall:

(a) fully describe the invention and the manner in which it is to be performed; and

(b) disclose the best method of performing the invention known to the applicant at the time when the specification is lodged at the Patent Office; and

Opposition to grant of patent

17.-(1) Any person interested, including the State, may within three months from the

date of the advertisement of the acceptance of a complete specification which has not been

cancelled in terms of subsection (5) of section sixteen or within such further period as the

Registrar, on application made to him within the said period of three months, may allow, or,

with the consent of the applicant, at any time before the sealing of the patent, oppose the grant

of a patent in accordance with this section by giving written notice to the registrar of the

Patents Tribunal of opposition to such grant on any of the following grounds and no others:

(f) that the complete specification does not fully describe and ascertain the invention and the manner in which it is to be performed;

(h) that the complete specification does not disclose the best method of performing the invention known to the applicant at the time when the specification was lodged at the Patent

Office;

Revocation of patents

45.-(1) An application for the revocation of a patent may be made to the Court or to the Patents Tribunal by any person interested, including the State, upon any one or more of the grounds on which the grant of a patent might have been opposed, but, subject to the provisions of subsection (2), of proviso (ii) to paragraph (b) of subsection (7) of section eighty and of paragraph (b) of subsection (1) of section eighty-three, on no other grounds.