Legislative Implementation of Flexibilities - Zambia

Title:	Sections 14 (1), (2) and (3), 22 (1) (f) and (h) and 50 (1) of the Patent Act of 1958(Chapter 400) as last amended by Act No. 26 of 28/12/1987
Field of IP:	Patents
Type of flexibility:	Disclosure related flexibilities
Summary table:

Provisions of Law

Contents of specification

14. (1) Every specification shall indicate whether it is a provisional or a complete specification and shall commence with a title sufficiently indicating the subject to which the relevant invention relates.

(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;

(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

(c) end with a claim or claims defining the subject-matter for which protection is claimed.

Opposition to grant a patent

22. (1) Any person interested. including the State, may. within three months from the date of the advertisement of the acceptance of a complete specification 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 the provisions of this section by giving written notice to the Registrar of opposition to such grant on any of the following grounds and no others. namely:

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

50. (1) Application for revocation of a patent may be made to the High Court by any person interested. including the State, upon anyone 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 eight, and of paragraph (b) of subsection (1) of section ten, on no other grounds.