WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
intellectual Property Rights I]>~/I/Z~E/]>/l 
13 August 2002 
(02-4427) 
Original: English! 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
ZIMBABWE 
The present document reproduces the text1 of the following laws and regulations, as notified by Zimbabwe 
under Article 63.2 ofthe Agreement (see document IP/NIlIZWE/2): 
Patents Act (Chapter 26:03). 
Patents Amendment Bill, 2001. 
Conseil des aspects des limits de propriHe 
intellectuelle qui touchent all. commerce 
PRINCIP ALES LOIS ET REGLEMENT ATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTInEES AU TITRE 
DE VARTICLE 63:2 DE VACCORD 
ZIMBABWE Page 
2 
66 
Le present document contient le texte1 des lois et reglementations ci-apres, notifiees par le Zimbabwe au titre 
de J'article 63:2 de I'Accord (voir le document IP/N/l/ZWE12): 
Loi sur les brevets (chapitre 26:03) 
Projet de loi de 2001 portant modification de la Loi sur les brevets 
Consejo de los Aspectos de los Derecl:lOs de Propiedad 
Inteiectuai rel.acionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 DEL 
ARTiCULO 63 DEL ACUERDO 
ZIMBABWE Page 
2 
66 
En el presente doeumento se reproduce e1 texto1 de jas siguientes leyes y reglamentos que Zimbabwe 
notifieD de eonformidad con 10 dispuesto en el pm-rafo 2 del articulo 63 del Aeuerdo (vease el documento 
IP/NIIIZWE/2): 
Ley de Patentes (capitulo 26:03) 
Proyeeto de Ley de modificacion de la Ley de Patentes, 2001 
1 In English only.lEnanglais seulement.lEn iogles solamente. Pagina 
2 
66 IZWE/PIl 
Page 2 
CHAPTER 26:03 
PATENTS ACT 
Acts 2611971,3911973 (ss. 39 and 52),4211976 (s. 15),3911979,1511981,2911981,4111983, 
1211986 (s. 13), 1111991 (s. 17), 2011994 (s. 7). 
Section 
1. 
2. Short title. 
Interpretation. ARRi\NGEMENT OF SECTIONS 
PART I 
PRELIMINARY 
PARTII 
ADMINISTRATION 
3. Patent Office, Controller, registrars of patents and other officers. 
4. Seal. 
5. Register of Patents. 
PART III 
APPLICATIONS GENERALLY 
6. Persons entitled to make application. 
7. Form of application. 
8. Complete and provisional specifications. 
9. Contents of specification. 
10. Effective date ()f claims of complete specification. 
11. Examination of applications and specifications. 
12. Ante-dating and post-dating of applications and specifications. 
13. Refusal of application in certain cases. 
14. Powers of Registrar if specification or application defective. 
15. Lapsing of applications. 
16. Acceptance and publication of complete specification and cancellation thereof. 
17. Opposition to grant of patent. 
18. Substitution of applicants. 
19. Prior knowledge or publication of invention excused in certain circumstances. 
20. Provisions for secrecy of certain inventions. IP/N/l/ZWE/P/J 
Page 3 
PART IV 
GRANT, EFFECT AND TERM OF PATENT 
21. Grant and sealing of patent. 
22. Amendment of patent granted to deceased applicant. 
23. Date of patent. 
24. Extent, effect and form of patent 
25. Term of patent. 
26. Patents of addition. 
27. Renewal of patents. 
28. Restoration of lapsed patents. 
29. Licences of right. 
30. Cancellation of entry made in terms of section 29. 
31. Compulsory licence in case of abuse or insufficient use of patent rights. 
32. Inventions relating to food or certain other commodities. 
33. Supplementary provisions as to licences. 
34. Use of patented inventions for service of the State.' 
35. Special provisions as to State use during emergency. 
36. Reference of disputes as to State use. 
PART V 
SPECIAL PROVISIONS RELATING TO SPECIFICATIONS, ANTICIPATION AND RIGHTS IN 
INVENTIONS 
37. Amendment of specification by Registrar. 
38. Amendment of specification with leave of Court or Patents Tribunal. 
39. Restrictions on recovery of damages in certain cases. 
40. Savings for anticipation. 
41. Co-ownership of patents. 
42. Disputes as to inventions made by joint inventors. 
43. Disputes as to inventions made by employees. 
44. Avoidance of certain restrictive conditions in contracts. 
45. Revocation of patents. 
46. Consequences of revocation on grounds of fraud. 
47. Surrender of patents. 
PARTY! 
INFRINGEMENTS 
48. Procedure and conditions in action for infringement. 
49. Relief for infringement of partially valid specification. 
50. Restrictions on recovery of damages for infringement. 
51. Remedy for groundless threats of infringement proceedings. 
52. Power of Court to make declaration as to non-infringement. IPlNIl/ZWE/P/l 
Page 4 
PART VII 
ASSIGNMENTS AND CORRECTIONS 
53. Provisions as to assignments. 
54. Power of Registrar to authorize corrections. 
55. Rectification of Register. 
PART VIII 
FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE, DOCUMENTS AND 
POWERS OF REGISTRAR 
56. Evidence of certain entries and documents. 
57. Requests for information as to patent or patent application. 
58. Loss or destruction of patent. 
59. Exercise of discretionary powers of Registrar. 
60. Proceedings before Registrar. 
61. Registrar may award costs. 
62. Advertisements to be approved by Registrar. 
PART IX 
PATENT AGENTS 
63. Patent agents and their functions. 
64. Qualification and registration of patent agents. 
65. Removal of names from Register of Patent Agents. 
66. Privileges of attorneys. 
67. Entitlement to practise as patent agent and power of Controller to refuse to deal 
with certain agents. 
68. Prohibition of certain acts of patent agents. 
PART X 
PATENTS TRIBUNAL AND APPEALS 
69. Appeals from Registrar. 
70. Patents TribunaL 
71. General powers of Patents Tribunal. 
72. Right of audience. 
73. Costs and security for costs. 
74. Appeals to Supreme Court. 
75. Assessors. 
76. Time for appeals. 
77. Rules. 
78. References to Patents Tribunal by Registrar. PART XI 
INTERNATIONAL ARRANGEMENTS 
79. Convention countries. 
80. Supplementary provisions as to Convention applications. 
81. Special provisions as to vessels, aircraft and land vehicles. 
82. Protocol on Patents and Industrial Designs. IPIN/1 /ZVv'E/P/l 
Page 5 
83. Protection of inventions communicated under international agreements. 
PARTXH 
OFFENCES AND PENALTIES 
84. Falsification of certain documents. 
85. Deceiving or influencing Registrar or other officer. 
86. Witness giving false evidence. 
87. Prohibition on trafficking in patents by officers. 
88. Unauthorized claim of patent right. 
89. Unauthorized use of certain words. 
90. Penalties. 
PART XIII 
GENER..A..L 
91. Lodging and authentication of documents. 
92. Expenses of administration. 
93. Provisions as to fees. 
94. Saving for certain forfeitures. 
95. Patent and Trade Marks Journal. 
96. Power to make regulations. 
97. Savings. 
SCHEDULE: Protocol. 
AN ACT to consolidate and amend the law relating to patents; and to provide for 
matters incidental to or connected with the foregoing. 
1 Short title [Date of commencement: 1 February 1972.] 
PART I 
PRELIl\lINARY (sections 1-2) 
This Act may be cited as the Patents Act [Chapter 26:03]. IP/N/I/ZWE/P/l 
Page 6 
2 Interpretation 
(1) In this Act-
'applicant' includes a person in whose favour a direction has been given under section 
eighteen or his legal representative; 
'appointed day' means the 1st February, 1972; 
'article' includes any substance or material and any equipment, machinery or apparatus, 
whether affixed to land or not; 
'assignee" in relation to an invention, means-
Ca) a person who has derived his title to the invention for Zimbabwe directly or 
indirectly from the inventor thereof or from the latter's assignee; or 
(b) the legal representative of a person referred to in paragraph (a); 
'Controller' means the Controller of Patents, Trade Marks and Industrial Designs 
appointed in terms of paragraph (a) of subsection (2) of section three; 
'Convention application' means an application made by a person referred to in 
subsection (2), as read with subsection (3), of section six; 
'Convention country' means a country or territory which the President has, in terms of 
section seventy-nine, declared to be a Convention country for the purposes of this Act; 
'Court' means the High Court; 
'date of lodging', in relation to any document lodged under this Act, means the date on 
which the document is lodged or, where it is deemed by virtue of any provision ofthis Act or 
the repealed legislation to have been lodged on any different date, the date on which it is 
deemed to have been lodged; 
'department of the State' means any­
(a) department of the State; or 
(b) statutory corporation or authority which is prescribed for the purposes of this 
definition; 
'effective date', in relation to-
Ca) an application which has been ante-dated or post-dated under this Act or the 
repealed legislation, means the date to which that application has been so ante-dated 
or post-dated; 
(b) an application in a Convention country, means the date on which the application in 
respect of the relevant invention was made in the Convention country in question or 
is in tenns of the laws of that country deemed to have been so made; 
(c) any other application, means the date on which that application was lodged at the 
Patent Office; 
'examiner' means a person appointed in terms of paragraph (c) of subsection (2) of 
section three to be an examiner; . IP/N/1/ZWE/P/l 
Page 7 
'exclusive licence' means a licence from a patentee which confers on the licensee, or on 
the licensee and persons authorized by him to the exclusion of all other persons, including the 
patentee, any right in respect of the patented invention; 
'invention' means any new and useful art, whether producing a physical effect or not, 
process, machine, manufacture or composition of matter which is not obvious or any new and 
useful improvement thereof which is not obvious, capable of being used or applied in trade or 
industry and includes an alleged invention; 
'inventor' means the person who actually devised the invention and includes the legal 
representative of an inventor but does not include a person to whom an invention has been 
communicated, either from within or outside Zimbabwe; 
'Journal' means the Patent and Trade Marks Journal published in terms of section 
hihi:;ty-five; 
'legal representative' means-
Ca) the liquidator or receiver of a company; 
Cb) the representative recognized by law of any person who has died, become insolvent 
or bankrupt or assigned his estate, is an infant or a minor, is of unsound mind or is 
otherwise under a disability; 
'Minister' means the Minister of Justice, Legal and Parliamentary Affairs or any other 
Minister to whom the President may from time to time assign the administration ofthis Act; 
'patent' means letters patent for an invention granted for Zimbabwe under section 
twenty-one or the corresponding provision of the repealed legislation; 
'patentee' means the person for the time being entered on the Register as grantee or 
proprietor of a patent; 
'patent agent' means a person who is registered or deemed to have been registered as 
such in terms ofthis Act; 
'patent of addition' means a patent granted under section twenty-six or the corresponding 
provision of the repealed legislation; 
'Patent Office' means the Patent Office established under section three; 
'patented artide' means any article in respect of which a patent has been granted and is 
for the time being in force; 
'Patents Tribunal' means the Patents Tribunal established under section seventy; 
'published' means made available to the public and, without prejudice to the generality of 
the foregoing provision, a document shall be deemed, for the purposes of this Act, to be 
published if it can be inspected as of right by members of the public, whether upon payment 
of a fee or otherwise; 
'Register' means the Register of Patents kept at the Patent Office under sectionfive; 
'Register of Patent Agents' means the Register of Patent Agents kept under subsection 
(1) of section sixty:four; !ZWE/PIl 
Page 8 
'Registrar' means the Controller or a registrar of patents appointed in terms of paragraph 
(b) of subsection (2) of section three; 
'repealed legislation' means the Patents Act, 1957 (No. 13 of 1957) or the Patents Act 
[Chapter 222 of 1939]; 
'specification' means a provisional or a complete specification, as the circumstances may 
require, referred to in section nine; 
(2) Subject to sections nineteen,forty, eighty and eighty-three, an invention shall be 
deemed to be new for the purposes of this Act if on or before the effective date of the 
application for a patent in respect thereof the invention was not-
(a) known or used anywhere in Zimbabwe by anyone other than the applicant or his 
agent or the person or persons from or through whom such applicant has derived his 
right or title: 
Provided that secret knowledge or secret user otherwise than on a commercial 
scale shall be disregarded; or 
Cb) worked anywhere in Zimbabwe otherwise than by way of reasonable technical trial 
or experiment by the applicant or any person or persons from or through whom such 
applicant has derived his right or title; or 
(c) described in a patent specification available to public inspection in accordance with 
any repealed legislation or this Act; or 
(d) described in writing or in any other way in any publication of which there was a 
copy anywhere in or outside Zimbabwe at the effective date of the application; or 
( e) claimed in any complete specification for a patent which was lodged in accordance 
with any repealed legislation or this Act and which, though not available to public 
inspection at the effective date of the application, was deposited pursuant to an 
application for a patent which is, or will be, of prior date to the date of any patent 
which may be granted in respect of the said invention. 
(3) A reference in this Act to the date of a patent shall be construed as a reference to the 
appropriate date specified in subsection (1) of section twenty-three. 
PARTII 
ADMINISTRATION (sections 3-5) 
3 Patent Office, Controller, registrars of patents and other officers 
(1) There shall be established an office, to be called the Patent Office, for the registration 
of patents and other matters in terms of this Act. 
(2) There shall be-
(a) anofficer, to be styled the Controller of Patents, Trade Marks and Industrial 
Designs, who shall exercise general supervision and direction of the Patent Office; 
and 
(b) one or more registrars of patents who shall, subject to the control of the Controller, 
have all the powers conferred by this Act upon the Registrar; and IZWE/PIl 
Page 9 
(c) such examiners and other officers as the Minister considers necessary for the better 
carrying out of the provisions of this Act; 
whose offices shall be public offices and fonn part of the Public Service, 
(3) An examiner or other officer referred to in paragraph ( b) of subsection (2) shall, if the 
Minister so directs, have the power to do any act or thing which may be lawfully done by a 
registrar of patents under this Act or any other enactment. 
4 Seal 
There shall be a seal of the Patent Office and impressions thereof made for the purposes of 
this Act or the repealed legislation shall be judicially noticed. 
5 Register of Patents 
(1) There shall be kept at the Patent Office a Register of Patents, in which shall be 
entered-
(a) particulars of patents in force, of assignments and transmissions of patents and of 
licences under patents; and 
(b) notice of all matters which are required by or under this Act to be entered in the 
Register and of such other matters affecting the validity or proprietorship of patents 
as the Registrar thinks fit. 
(2) All registers of patents established and kept under the repealed legislation shall, under 
arrangements made by the Controller with the approval of the Minister, be incorporated with 
and fonn part of the Register of Patents established under subsection (1), so, however, that 
such arrangements shall in no way be deemed to extend the term and effect of any patent 
registered in such registers beyond the tenn and effect provided in respect of such patent by 
this Act. 
(3) Subject to this Act, the Register shall, at all convenient times, be open to inspection by 
the public and a certified copy, sealed with the seal of the Patent Office, of any entry in the 
Register shall be given on payment of the prescribed fee to any person requiring it. 
(4) The Register shall be prima facie evidence of any matters required or authorized by or 
under this Act to be entered therein or which were required or authorized by or under the 
. repealed legislation to be entered in a register of patents referred to in subsection (2). 
(5) No notice of any trust, whether expressed, implied or constructive, shall be entered in 
the Register and the Registrar shall not be affected by any such notice. 
PART III 
APPLICATIONS GENER4.LL Y (sections 6-20) 
6 Persons entitled to make application 
(1) An application for a patent for an invention may be made by any of the following 
persons-
(a) a person claiming to be the inventor of the invention who owns the invention in 
respect of Zimbabwe; or IPINillZWE/Pll 
Page 10 
Cb) an assIgnee; 
and may be made by that person either alone or jointly with any other person. 
(2) Without prejudice to subsection (1), an application for a patent for an invention in 
respect of which protection has been applied for in a Convention country may be made by the 
person by whom the application for protection was made or by the assignee of that person: 
Provided that no application shall be made under this subsection after the expiration of 
twelve months from the 'date of the application for protection in a Convention country or, 
where more than one such application for protection has been made, from the date of the first 
such application. 
(3) An application for a patent may be made under subsection (1) or (2) by the legal 
representative of-
(a) a deceased person who, immediately before his death, was entitled to make such an 
application; or 
(b) a person under disability who, had it not been for such disability, would himself 
have been entitled to make such application. 
7 Form of application 
Cl) An application for a patent shall-
(a) be made in the prescribed form; and 
(b) be lodged at the Patent Office in the prescribed manner; and 
(c) state an address for service in Zimbabwe to which all notices and communications 
may be sent; and 
(d) in so far as they are not already stated for the purposes of paragraph Cc), state the full 
postal, residential and business addresses of the applicant. 
(2) An assignee or legal representative making or joining in an application shall furnish 
such proof of title or authority as the Registrar may require or as may be prescribed. 
(3) An application form shall-
(a) state that the applicant owns the invention in respect of Zimbabwe; and 
(b) give the full name of the inventor; and 
(c) where the inventor is not the applicant or one of the applicants, contain a declaration 
that the applicant believes him to be the inventor. 
(4) A Convention application, in addition to the requirements set out in subsection (3), 
shall state-
(a) the Convention country in which such application for protection was made; and 
(b) the number of such application; and 
( c) the effective date of such application; and 
(d) in which respect the applicant in the Convention country and Zimbabwe qualifies. 8 Complete and provisional specifications 
(1) An application for a patent-IP/N/I/ZWE/P/l 
Page 11 
(a) which is not a Convention application, shall be accompanied by either a complete 
specification or a provisional specification; 
(b) which is a Convention application, shall be accompanied by a complete 
specification. 
(2) Subject to this section, where an application referred to in paragraph (a) of subsection 
(1) is accompanied by a provisional specification a complete specification shall be lodged 
within twelve months from the date that the application was lodged and if the complete 
specification is not so lodged the application shall be deemed to be abandoned: 
Provided that the complete specification may be lodged at any time after the expiration of 
the twelve months but within fifteen months from the date the application was lodged if a 
request to that effect is made to the Registrar and the prescribed fee is paid on or before the 
date on which the complete specification is lodged. 
(3) Where two or more applications accompanied by provisional specifications have been 
lodged in respect of matters which are cognate or of which one is a modification of another, a 
single complete specification may, subject to this section and section nine, be lodged in 
pursuance of those applications or, if more than one complete specification has been lodged, 
may, with the leave of the Registrar, be proceeded with in respect of those applications. 
(4) Where applications for protection have been made in one or more Convention 
countries in respect of two or more matters which are cognate or of which one is a 
modification of another, a single Convention application may, subject to this section and 
section nine, be made in respect of those matters at any time within twelve months from the 
effective date of the earliest of the said applications for protection. 
(5) In considering the validity of applications made in terms of subsection (3) or (4) and 
in determining other relevant matters under this Act the Registrar shall have regard to the 
effective dates of the applications or the Convention applications concerned relating to the 
several matters claimed in the specification, and the requirements of subsection (4) of section 
seven shall, in the case of any such application, apply separately to the applications for 
protection in respect of each of the said matters. 
(6) Where an application for a patent, not being a Convention application, is accompanied 
by a specification purporting to be a complete specification, the Registrar may, if the 
applicant so requests at any time before the expiration of the period specified in subsection 
(2) and before the acceptance of the specification, direct that it shall be treated for the 
purposes oftrus Act as a provisional specification and proceed with the.application 
accordingly. 
(7) Where a complete specification has been lodged in pursuance of an application for a 
patent accompanied by a provisional specification or by a specification treated by virtue of a 
direction under subsection (6) as a provisional specification, the Registrar may, if the 
applicant so requests at any time before the acceptance of the complete specification, cancel 
the provisional specification and post-date the application to the date of lodging of the 
complete specification. IP/NIl/ZWE/P/1 
Page 12 
9 Contents of specification 
(1) A specification shall-
(a) indicate whether it is a provisional or a complete specification; and 
(b) commence with a title clearly indicating the subject to which the relevant invention 
relates. 
(2) A provisional specification shall fairly describe the invention. 
(3) A complete specification shall-
Ca) fully describe the invention and the manner in which it is to be perfomled; and 
Cb) 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. 
C 4) The claim or claims of a complete specification shall­
Ca) relate to a single invention; and 
(b) be clear and succinct; and 
( c) be fairly based on the matter disclosed in the specification. 
(5) A specification may, and if so required by the Registrar shall, be accompanied by 
drawings and such drawings shall be deemed to be part of the specification: 
Provided that drawings which accompanied a provisional specification are sufficient 
the purpose of a complete specification, it shall suffice if that complete specification refers to 
such drawings. 
(6) Subject to subsections (1) to (5), a complete specification lodged at the Patent Office 
after a provisional specification or with a Convention application may include claims in 
respect of developments of or additions to the invention which was described in the 
provisional specification or, as the case may be, in respect of which application for protection 
was made in a Convention country, being developments of or additions in respect of which 
the applicant would be entitled to make a separate application for a patent: 
Provided that an application shall, in so far as the complete specification contains claims 
in respect of any such developments or additions, be deemed to have been made on the date 
on which the complete specification was lodged at the Patent Office. 
(7) Where a complete specification claims a new substance, the claims shall be construed 
as not extending to that substance when found in nature. 10 Effective date of claims of complete specification TPlN/1/ZWE/P/1 
Page 13 
(1) A claim of a complete specification shall have effect from the date provided in this 
section in relation to that claim and a patent shall not be invalidated by reason only of the 
publication or use ofthe invention, so far as claimed in any claim of the complete 
specification, on or after the effective date of that claim or by the grant of another patent 
upon a specification claiming the same invention in a claim of the same or a later effective 
date. 
(2) Where the complete specification is lodged in pursuance of a single application 
preceded by a provisional specification or by a specification which is treated by virtue of a 
direction under subsection (6) of section eight as a provisional specification, and the claim is 
fairly based on the matter disclosed in that specification, the effective date of that claim shall 
be the effective date of the application. 
(3) Where the complete specification is lodged or proceeded with in pursuance of two or 
more applications accompanied by such specifications as are mentioned in subsection (2), 
and the claim is fairly based on the matter disclosed in one of those specifications, the 
effective date of that claim shall be the effective date of the application accompanied by that 
specification. 
(4) Where the complete specification is lodged in pursuance of a Convention application, 
and the claim is fairly based on the matter disclosed in the application for protection in a 
Convention country or, if the Convention application is founded upon more than one such 
application for protection, in one of those applications, the effective date of that claim shall 
be the effective date of the relevant application for protection. 
(5) Where, under subsections (1) to (4), any claim of a complete specification would, but 
for this subsection, have two or more effective dates, the effective date of that claim shall be 
the earlier or earliest of those dates. 
(6) In any case to which subsection (2), (3), (4) or (5) does not apply, the effective date of 
a claim shall be the date of lodging of the complete specification in Zimbabwe. 
11 Examination of applications and specifications 
(1) An application for a patent, including any specification and other document 
accompanying such application or subsequently lodged within such time as may be 
prescribed at the Patent Office in pursuance of such application, shall be examined by an 
examiner for the purpose of ascertaining-
(a) whether the application, specification and accompanying documents comply with 
the requirements of this Act, including whether any of the grounds of opposition 
specified in subsection (1) of section seventeen are applicable; and 
(b) in the case of a complete specification lodged after a provisional specification or of 
a Convention application, whether the matter claimed is substantially the same as 
that disclosed in the provisional specification or in the application lodged in the 
Convention country, as the case may be. 
(2) An examination or investigation required by this Act shall not be deemed to warrant 
the validity of any patent and no liability shall be incurred by the State, the Minister, the 
Registrar or any examiner or other officer of the Patent Office by reason of or in connection 
with any such examination or investigation or report or other proceeding consequent thereon. IP/N/1/ZWE/P/1 
Page 14 
12 Ante-dating and post-dating of applications and specifications 
(1) At any time after an application has been lodged under this Act and before acceptance 
of the complete specification, the Registrar may, at the request of the applicant and upon 
payment of the prescribed fee, direct that the application shall be post-dated to such date as 
may be specified in the request: 
Provided that-
(i) no application shall be post-dated under this subsection to a date later than six 
months from the date on which it was actually lodged or would, but for this 
subsection, be deemed to have been so lodged; 
(ii) a Convention application shall not be post-dated under this subsection to a date later 
than the last date on which, under this Act, the application could have been made. 
(2) Where an application or specification lodged under this Act is amended before 
acceptance of the complete specification, the Registrar may direct that the application or 
specification shall be post-dated to the date on which it is amended or, if it has been returned 
to the applicant, to the date on which it is again lodged under this Act. 
(3) Where, at any time after an application or specification has been lodged at the Patent 
Office and before acceptance of the complete specification, a fresh application or 
specification is lodged in respect of any part of the subject-matter of the first-mentioned 
application or specification, the Registrar may direct that the fresh application or 
specification shall be ante-dated to a date not earlier than the date of lodging of the 
first-mentioned application or specification. 
(4) An appeal shall lie from any decision of the Registrar under subsection (2) or (3). 
13 Refusal of application in certain cases 
(1) it appears to the Registrar in the case of any application for a patent that-
(a) it is frivolous on the ground that it claims as an invention anything obviously 
contrary to well-established natural laws; or 
(b) the use of the invention in respect of which the application is made would be 
contrary to law; or 
(c) it claims as an invention a substance capable of being used as food or medicine 
which is a mixture of knmvn ingredients possessing only the aggregate of the known 
properties of the ingredients or that it claims as an invention a process producing 
such a substance by mere admixture; 
he may refuse the application. 
(2) If it appears to the Registrar that any invention in respect of which an application for a 
patent is made might be used in any manner contrary to law, he may refuse the application 
unless the specification is amended by the insertion of such disclaimer in respect of that use 
of the invention or such other reference to the illegality thereof as the Registrar thinks fit. 
(3) An appeal shall lie from any decision of the Registrar under subsection (1) or (2). 14 Powers of Registrar if specification or application defective lPlNlllZWE/PIl 
Page 15 
(1) If, in the case of a complete specification lodged in pursuance of an application for a 
patent, which application was accompanied by a provisional specification, the result of any 
examination made in terms of subsection (1) of section eleven is adverse to the applicant in 
regard to any matter referred to in that subsection or it is found that the invention described 
in the complete specification includes matter not included in the provisional specification, the 
Registrar may, subject to subsection (6) of section nine-
(a) refuse to accept the complete specification until it has been amended to his 
satisfaction; or 
(b) with the consent of the applicant, cancel the provisional specification and direct that 
the application be post-dated to the date upon which the complete specification was 
lodged at the Patent Office; or 
(c) where the complete specification includes matter not included in the provisional 
specification-
(i) allow the application to be proceeded with in so far as the matter included both 
the provisional and the complete specification is concerned; and 
(ii) allow an application for the additional matter included in the complete 
specification to be made and authorize the application for such additional 
matter, if lodged at the Patent Office within such period as he may determine, to 
be dated with the date on which the complete specification was lodged at the 
Patent Office. 
(2) If in the case of a Convention application it is found that the matter claimed is not 
substantially the same as that claimed in the application made in the Convention country 
question, the Registrar may, subject to subsection (6) of section nine-
(a) refuse to accept the application until it has been amended to his satisfaction; or 
(b) with the consent of the applicant, treat the application as an application which is not 
a Convention application. 
(3) If in the case of a Convention application it is found that the specification lodged in 
Zimbabwe includes matter not included in the specification lodged in the Convention 
country, the Registrar may-
(a) allow the application to be proceeded with in so far as the matter included in both 
the Convention country and the Zimbabwe specifications is concerned; and 
(b) allow an application for the additional matter to be made and authorize such 
application, if lodged at the Patent Office within such period as he may determine, 
to be dated with the date on which the Zimbabwe specification was lodged at the 
Patent Office. 
(4) An appeal shall lie from any decision of the Registrar under subsection (1), (2) or (3). IP/N!1!ZWE!P/1 
Page 16 
15 Lapsing of applications 
(1) If a complete specification is not accepted within eighteen months from the date of 
lodging of the complete specification, the application to which that specification relates shall 
lapse unless-
(a) an appeal has been lodged in respect of the application and has not been determined 
or abandoned; or 
Cb) the time within which an appeal in respect of the application may be lodged has not 
expired; or 
(c) the delay accepting the specification was not due to any neglect or default on the 
part of the applicant: 
Provided that if, within twenty-one months from the date of the lodging of the complete 
specification, the applicant, by notice accompanied by the prescribed fee, so requires, the said 
period of eighteen months shall be extended to such period, not exceeding twenty-one 
months from the date of the lodging of the complete specification, as may be specified in that 
notice. 
(2) at the expiration of the period allowed under subsection (1), an appeal to the 
Patents Tribunal is pending under any of this Act in respect of the application or, in the case 
of an application for a patent of addition, either in respect of that application or in respect of 
the application for the patent for the main invention, or the time within which such an appeal 
could be brought in accordance with Part X, apart from any future extension of time 
thereunder, has expired, then-
(a) where such an appeal is pending or is brought within the time aforesaid or before the 
expiration of any extension of that time granted, in the case of the first extension, on 
an application made within that time or, in the case of a subsequent extension, on an 
application made before the expiration of the last previous extension, the said period 
shall be extended until such date as the Patents Tribunal may determine; 
(b) where no such appeal is pending or is so brought, the said period shall continue until 
the end of the time aforesaid or, if any extension of that time is granted as aforesaid, 
until the expiration of the extension or the last extension so granted. 
16 Acceptance and publication of complete specification and cancellation thereof 
(1) Subject to sectionfifteen, the complete specification may be accepted by the Registrar 
at any time after the applicant has complied with the requirements imposed upon him by this 
Act: 
Provided that the applicant may give notice to the Registrar requesting him to postpone 
acceptance until such date, not being later than eighteen months from the date of lodging of 
the complete specification, as may be specified in the notice and the Registrar may postpone 
acceptance accordingly. 
(2) Subject to subsection (5), on the acceptance of a complete specification the Registrar 
shall give notice to the applicant who shall, within the prescribed period or within such 
further period as the Registrar may allow, advertise in the Journal the fact that the 
specification has been accepted and, unless the acceptance of the specification is so 
advertised, the application shall lapse. IP/N/1/ZWE/P/l 
Page 17 
(3) Upon advertisement in terms of subsection (2) application form, the specification 
and the other documents essential to obtain acceptance which were lodged in pursuance 
thereof shall be open to public inspection unless the acceptance of the complete specification 
has been cancelled in terms of subsection (5) before such advertisement. 
(4) After the date of the publication in terms of subsection (2) of notice of acceptance of a 
complete specification and until the sealing of a patent in respect thereof, the applicant shall 
have the like privileges and rights as if a patent for the invention had been sealed on the date 
of the publication of the notice unless the acceptance of the complete specification has been 
cancelled in terms of subsection (5) before that date. 
(5) If so requested before the advertisement in the Journal in terms of subsection (2) of 
the acceptance of a specification, the Registrar may at any time prior to the publication of 
such advertisement cancel in the prescribed manner the acceptance of that complete 
specification and on such cancellation he shall-
(a) make a note thereof in the Register; and 
(b) if the advertisement of the acceptance is subsequently published in the Journal, 
cause notice of the cancellation of the acceptance of the specification to be 
published in the JournaL 
(6) The cancellation of the acceptance of a complete specification in terms of subsection 
(5) shall not preclude the Registrar from re-accepting that complete specification at a later 
date if at the time the applicant requested the cancellation he also gave notice to the Registrar 
such as is referred to in the proviso to subsection (1). 
17 Opposition to grant of patent 
(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-
(a) that the applicant is not a person entitled under section six to make the application; 
(b) that the application is in fraud of the rights of the person giving such notice or of 
any persons under or through whom he claims; 
(c) that the invention does not relate to an art, whether producing a physical effect or 
not, process, machine, manufacture or composition of matter which is capable of 
being applied in trade or industry; 
(d) subject to section twenty-six, that the invention is obvious in that it involves no 
inventive step having regard to what was common knowledge in the art at the 
effective date of the application; 
(e) that the invention, in so far as is claimed in any claim of the complete specification, 
is not useful; 
(j) that the complete specification does not fully describe and ascertain the invention 
and the manner in which it is to be performed; IPIN11/ZWE/PIl 
Page 18 
(g) that the claims of the complete specification do not sufficiently and clearly define 
the subject-matter for which protection is claimed; 
(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; 
(i) that the application form or any other document filed pursuance of the application 
contains a material misrepresentation; 
(j) that the matter described or claimed in the complete specification is not the same as 
that described the provisional specification, and-
(i) in so far as it is not described in the provisional specification, was not new at 
the date when the complete specification was lodged at the Patent Office; or 
(ii) forms the subject of a pending application made in Zimbabwe for a patent the 
effective date of which is prior to the date on which the complete specification 
was lodged at the Patent Office; 
(k) in the case of a Convention application, that the specification describes or claims 
matter other than that for which protection has been applied for in the Convention 
country and that such other matter either-
(i) forms the subject of an application for a patent in Zimbabwe which, if granted, 
would bear a date in the interval between the lodging of the application in 
Convention country and the effective date ofthe application in Zimbabwe; or 
(ii) is not an invention as defined in this Act; 
(l) that the invention was not new at the effective date of the application; 
(m) that the specification includes claims which, in terms of subsection (1) of section 
thirteen, should have been refused. 
(2) Any notice of opposition given under subsection (1) shall-
(a) state the grounds on which the objector intends to oppose the grant ofthe patent; 
and 
(b) be accompanied by a statement setting out particulars of the facts alleged in support 
of the said grounds; 
and proof of service on the applicant concerned of a copy of such notice and of such 
statement shall be furnished to the registrar of the Patents TribunaL 
(3) A copy of any notice given under subsection (1) and of any statement which in terms 
of subsection (2) accompanies such notice shall be served by the objector on the applicant for 
the patent. 
(4) If the applicant wishes to contest the opposition, he shall, within such time as is 
prescribed or such further time as the registrar of the Patents Tribunal may allow, lodge with 
him a counter-statement setting out particulars of the grounds upon which the opposition is to 
be contested. IP /N/ l/ZWE/P 11 
Page 19 
(5) A copy of any counter-statement terms of subsection (4) lodged with the registrar 
oftlle Patents Tribunal shall be served by the applicant on the objector concerned. 
(6) Particulars delivered in terms of this section may from time to time, with the leave of 
the registrar of the Patents Tribunal, be amended. 
(7) No evidence shall be admitted in proof of any ground on which particulars have not 
been delivered in terms of this section, except by leave of the Patents TribunaL 
(8) After receiving a notice of opposition under subsection (l) and compliance with any 
other provisions of this section which are applicable the registrar of the Patents Tribunal shall 
arrange for the matter to be heard by the Patents Tribunal in the manner prescribed and the 
Patents Tribunal may make such order therein as it considers just: 
Provided that if before the Patents Tribunal hears the matter a request is made in terms of 
section thirty-seven for the amendment of the specification concerned, proceedings in 
connection with the notice of opposition shall be suspended until such time as the request for 
such amendment has been heard and determined after which the proceedings in connection 
with the notice of opposition may be-
(a) continued, in which case such notice and any statement in connection therewith may 
be amended and the periods specified in this section extended to such extent as the 
registrar of the Patents Tribunal may permit; or 
(b) withdrawn, in which case the objector may apply to the Patents Tribunal for an 
award in respect of the costs incurred by him in connection with the objection. 
(9) Upon being notified of the order of the Patents Tribunal by the registrar thereof, the 
Registrar shall take such further action therein as may be necessary. 
(10) The registrar of the Patents Tribunal shall inform the Registrar of any notice of 
opposition or counter-statement which is lodged with him terms of this section and of any 
amendment of particulars which is permitted in terms of subsection (6). 
18 Substitution of applicants 
(1) If the Registrar is satisfied, on a claim made in the prescribed manner at any time 
before a patent has been granted, that, by virtue of any assignment or agreement made by the 
applicant or one of the applicants for a patent or by virtue of this Act or by operation of law, 
the claimant would, if the patent were then granted, be entitled thereto or to the interest of an 
applicant therein or to an undivided share of the patent or ofthat interest, the Registrar may, 
subject to this section, direct that the application shan proceed in the name of the claimant or 
in the names of the claimant and the applicant or the other joint applicant or applicants, as the 
case may reqUlre. 
(2) Subject to the provisions of subsection (4), no direction in terms of subsection (1) 
shall be given by virtue of any assignment or agreement for the assignment of the right to an 
invention which is made by one or two or more joint applicants for a patent except with the 
consent ofthe other joint applicant or applicants. 
(3) Subject to subsection (4), no direction in terms of subsection (1) shall be given by 
virtue of any assignment or agreement for the assignment of the right to an invention unless-lP/Nil 
Page 20 
Ca) the invention is identified therein-
(i) by reference to the number of the application for the patent; or 
(ii) in such other manner as appears to the Registrar to be sufficient; 
or 
(b) there is produced to the Registrar an acknowledgement by the person by whom the 
assignment or agreement was made that the assignment or agreement relates to the 
invention in respect of which that application is made. 
(4) Subsections (2) and (3) shall not preclude a direction in terms of subsection (1) being 
given where the rights of the claimant in respect of the invention have been finally 
established by a decision of the Patents Tribunal or any court to which an appeal against such 
a decision has been brought. 
(5) Where one or two or more joint applicants for a patent has died at any time before the 
patent has been granted, the Registrar, if satisfied of such decease-
(a) may alter the application by substituting the legal representative of such deceased 
applicant; and 
(b) shall thereafter seal the application in the names of the surviving applicants and of 
such legal representative; 
unless, upon a request in that behalf made by the survivor or survivors and with the consent 
of the legal representative, the Registrar directs that the application shan proceed and be 
sealed in the name of the survivor or survivors alone. 
(6) If any dispute arises between joint applicants for a patent whether or in what manner 
the application should be proceeded with, the Registrar may, upon application made to him in 
the prescribed manner by any of the parties and after giving to all parties concerned an 
opportunity to be heard, give such directions as he thinks fit for enabling the application to 
proceed in the name of one or more of the parties alone or for regulating the manner in which 
it shall be proceeded with or for both those purposes, as the case may require. 
(7) An appeal shall lie from any decision of the Registrar under subsection (1), (2), (3), 
(5) or (6). 
19 Prior knowledge or publication of invention excused in certain circumstances 
(1) A patent shall not be refused or held to be invalid by reason only of the fact that the 
invention in respect of which the patent is applied for or was granted or any part thereof was 
published, used or known prior to the effective date of the application if the applicant or the 
patentee, as the case may be, proves-
(a) that the knowledge was acquired or the publication or use was made without his 
knowledge or consent; and 
(b) that the knowledge acquired or the matter published or used was derived or obtained 
from him; and 
Cc) ifhe learned of the disclosure, use or knowledge before the effective date of his 
application for the patent, that he applied for and obtained protection for his 
invention with all reasonable diligence after learning of the disclosure: IP/N/1/ZWE/PIl 
Page 21 
Provided that the protection afforded by this subsection shall not extend to an applicant for 
a patent or a patentee who has or whose predecessors in title have commercially worked the 
invention in Zimbabwe, otherwise than for the purpose of reasonable technical trial thereof, 
prior to the effective date of the application. 
(2) The exhibition at an industrial or international exhibition certified as such by the 
Minister of an invention or the publication subsequently of any description of the invention 
so exhibited by any person without the privity or consent of the inventor or the reading of a 
paper by the inventor before a learned society or the publication of such paper shall not 
prejudice the right of the inventor to apply for or obtain a patent in respect of the invention or 
the validity of any patent granted on the application if-
(a) the application for a patent is made not later than six months from the date of the 
opening of the exhibition or the reading or publication of that paper, as the case may 
be; and 
(b) the inventor has, before exhibiting the invention or reading such paper or permitting 
such publication, given to the Registrar the prescribed notice ofms intention to do 
so. 
20 Provisions for secrecy of certain inventions 
(1) Where, before or after the appointed day, an application for a patent has been made in 
respect of an invention and it appears to the Registrar that the invention is one of a class 
notified to him by the competent authority as relevant for defence purposes, he may give 
directions for prohibiting or restricting the publication of information with respect to the 
invention or the communication of such information to any person or class of persons 
specified in the directions, and while such directions are in force the application may, subject 
to the directions, proceed up to the acceptance of the complete specification but the 
acceptance shall not be advertised nor the specification published, and no patent shall be 
granted in pursuance of the application. 
(2) Where the Registrar gives any directions in terms of subsection (1), he shall give 
notice of the application and of the directions to the competent authority and thereupon the 
following provisions shall have effect, that is to say-
(a) the competent authority shall, upon receipt of such notice, consider whether the 
publication of the invention would be prejudicial to the defence of Zimbabwe and, 
unless a notice under paragraph ( c) has previously been given by the competent 
authority to the Registrar, shall reconsider that question before the expiration of nine 
months from the date of lodging of the application for the patent and at least once in 
every subsequent year; 
(b) for the purposes of paragraph (a), the competent authority may, at any time after the 
complete specification has been accepted or, with the consent of the applicant, at 
any time before the complete specification has been accepted, inspect the 
application and any documents furnished to the Registrar in connection therewith; 
(c) if, upon consideration of the invention, at any time it appears to the competent 
authority that the publication of the invention would not, or would no longer, be 
prejudicial to the defence of Zimbabwe, the competent authority shall give notice to 
the Registrar to that effect; IP/N/lIZWE/PIl 
Page 22 
(d) on the receipt of any notice in terms of paragraph (c), the Registrar shall revoke the 
directions and may, subject to such conditions, if any, as he thinks fit, extend the 
time for doing anything required or authorized to be done by or under this Act in 
connection with the application, whether or not that time has previously expired. 
(3) When directions have been given in terms of subsection (1), if any use ofthe 
invention is made during the continuance in force of such directions by or on behalf of or to 
the order ofa department of the State, section thirty-four shall apply in relation to that use as 
if a patent had been granted for the invention. 
(4) an applicant for a patent has suffered loss or damage by reason of his invention 
having been kept secret in pursuance of directions in terms of subsection (1), the Minister, 
with the consent of the Minister of Finance, shall pay to him such reasonable compensation 
as is agreed upon or, in default of agreement, as may be determined by the Patents Tribunal 
on a reference under subsection (1) of section thirty-six. 
(5) Where a patent is granted in pursuance of an application in respect of which directions 
have been given in terms of subsection (1), no renewal fees shall be payable in respect of any 
period during which those directions were in force. 
(6) If any person fails to comply with any direction given under this section he shall be 
guilty of an offence. 
(7) In this section-
'competent authority' means the Minister responsible for defence or any other Minister 
whom the President, by statutory instrument, designates as being the competent authority for 
the purposes of this section. 
PART IV 
GR4.NT, EFFECT AND TERM OF PATENT (sections 21-36) 
21 Grant and sealing of patent 
(1) Subject to this Act relating to opposition and to any other power of the Registrar to 
refuse the grant, a patent sealed with the seal of the Patent Office shall, if the prescribed 
request is made within the time aiIowed under this section, be granted to the applicant or 
applicants within that time or as soon as may be thereafter, and the date on which the patent 
is sealed shall be entered in the Register. 
(2) Subject to this Act relating to patents of addition, a request under this section for the 
sealing of a patent shall be made not later than the expiration of six months from the date of 
the publication of the complete specification: 
Provided that-
(i) where at the expiration of the said six months any proceeding in relation to the 
application for the patent is pending in the Court or before the Registrar or the 
Patents Tribunal, the request may be made within the prescribed period after the 
final determination of that proceeding; 
(ii) where the applicant or one of the applicants has died before the expiration of the 
time within which under this subsection the request could otherwise be made, the 
request may be made at any time within-twelve months after the date of the death or 
at such later time as the Registrar may allow. IP/NIlIZWE/PIl 
Page 23 
(3) The period within which a request for the sealing of a patent may, in terms of 
subsection (2), be made may from time to time be extended by the Registrar to such longer 
period as may be specified in an application made to him in that behalf if the application is 
made and the prescribed fee paid within that longer period: 
Provided that the first-mentioned period shall not be extended under this subsection by 
more than six months or such shorter period as may be prescribed, 
(4) Where in any case-
(a) the longest period for making a request for the sealing of a patent allowable in that 
case by or under subsection (1), (2) or (3) has been allowed; and 
(b) it is proved to the satisfaction of the Registrar that hardship would arise in 
connection with the prosecution by an applicant of an application for a patent in any 
country outside Zimbabwe unless that period was extended; 
the period referred to in paragraph (a) may be extended from time to time by the Registrar to 
such longer periods as appear to him to be necessary in order to prevent that hardship arising 
if an application in that behalf is made to him and the prescribed fee is paid within the 
first-mentioned period or, in the case of a second or subsequent application under this 
subsection, within the period to which that period was extended on the last preceding 
application under this subsection. 
(5) For the purposes of this section, a proceeding shall be considered-
(a) to be pending, so long as the time for any appeal therein, apart from any future 
extension of that time, has not expired; 
(b) to be finally determjned, when the time for any appeal therein, apart from any future 
extension of that time, has expired without the appeal being brought. 
22 Amendment of patent granted to deceased applicant 
Where, at any time after a patent has been sealed in pursuance of an application under this 
Act or the repealed legislation, the Registrar is satisfied that the person to whom the patent 
was granted has died or, in the case of a body corporate, had ceased to exist before the patent 
was sealed, he may amend the patent by substituting for the name of that person the name of 
the person entitled thereto according to law, and the patent shall have effect and shall be 
deemed always to have had effect accordingly. 
23 Date of patent 
(1) Subject to this Act, the date. of a patent shall be-
(a) in the case of a patent granted under this Act or the Patents Act, 1957 (No. 13 of 
1957), the effective date ofthe application therefor; 
(b) in the case of a patent granted under the Patents Act [Chapter 222 of 1939] or the 
Patents (Transitional Provisions) Act, 1958 (No. 5 of 1958), the date of application 
therefor. 
(2) The date of a patent referred to in paragraph (a) of subsection (1) shall be entered in 
the Register and in the patent. IP/N/J!ZWE!PIl 
Page 24 
24 Extent, effect :md form of patent 
(l) Subject to this Act, a patent shall have the same effect against the State as it has 
against a subject. 
(2) A patent shall be in such fonn as may be prescribed. 
(3) A patent shall be granted for one invention only but it shall not be competent for any 
person in an action or other proceeding to take any objection to a patent on the ground that it 
has been granted for more than one invention. 
(4) The effect of a patent shall be to grant to the patentee, subject to this Act and the 
conditions of the patent, full power, sole privileges and authority by himself, his agents and 
licensees during the tenn of the patent to make, use, exercise and vend the invention within 
Zimbabwe in such a manner as to him seems meet, so that he shall have and enjoy the whole 
profit and advantage accruing by reason of the invention during the tenn of the patent. 
25 Term of patent 
The tenn of every patent shall, subject to this Act, be-
(a) in the case of a patent granted under this Act or the Patents Act, 1957 (No. 13 of 
1957), twenty years from the date of lodging of the complete specification at the 
Patent Office; 
(b) in the case of a patent granted under the Patents Act [Chapter 222 of 1939] or the 
Patents (Transitional Provisions) Act, 1958 (No. 5 of 1958), fourteen years from the 
date of application therefor. 
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 period. rP/NI1IZWE/P/l 
Page 25 
(5) A patent of addition shall remain in force for as long as the patent for the main 
invention remains in force, including any extension of the term thereof in terms of paragraph 
(d) of section ninety-seven, but no longer, and no fee shall be payable for the renewal of a 
patent of addition: 
Provided that, where the patent for the main invention is revoked, the Registrar or the 
Patents Tribunal, as the case may be, may order that the patent of addition shall become an 
independent patent in which case-
(a) the fees payable in respect of such independent patent and the times for the payment 
thereof shall be determined according to the date of the former patent of addition; 
(b) the normal term of the independent patent shaH not extend beyond the date on which 
the patent for the main invention would have expired it had not been revoked. 
(6) The grant of a patent of addition shall be conclusive evidence that the invention is a 
proper subject for such a patent, and shall not be refused, nor shall any such patent be liable 
to be revoked or invalidated on the ground only that the invention claimed in the complete 
specification does not involve any inventive step having regard to the main invention, so, 
however, that the provisions ofthis subsection shall not apply to an independent patent 
referred to in the proviso to subsection (5). 
(7) A patent for a main invention and its patent of addition shall not be capable of 
assignment apart from one another. 
(8) An appeal shall lie from any decision of the Registrar under this section. 
27 Renewal of patents 
(1) Subject to subsection (2), every patent, including a patent granted or registered under 
the repealed legislation, shaH lapse if the fees prescribed for its renewal are not paid within 
the prescribed times. 
(2) The Registrar may, upon application by the patentee and subject to the payment of 
such additional fees as may be prescribed, extend the time for payment of a fee referred to in 
subsection (1) for a period not exceeding six months. 
28 Restoration of lapsed patents 
(1) Where a patent has lapsed by reason of the failure to pay any renewal fee within the 
prescribed time or any extension in terms of subsection (2) of section twenty-seven of that 
time, the patentee may, within three years from the date on which the patent lapsed, apply in 
the prescribed mauner to the Registrar for the restoration of the patent and any patent of 
addition: 
Provided that where the patent was held by two or more persons jointly, the application 
may, with the leave of the Registrar, be made by one or more of those persons without 
joining the others. 
(2) An application in terms of subsection (1) shall contain a statement, to be verified in 
such manner as may be prescribed, fully setting out the circumstances which led to the failure 
to pay the renewal fee. lP/Nil IZW EIPI 1 
Page 26 
(3) After receiving an application in tenns of subsection (1) the Registrar-
(a) may require from the applicant such further evidence as he considers necessary; 
(b) shall, ifhe considers it to be necessary or the applicant so requires, pennit the 
applicant to be heard in connection with his application. 
(4) If the Registrar is satisfied that prima facie the failure to pay the renewal fee was 
unintentional and there was no undue delay in making the application he shall direct the 
patentee to advertise the application in the Journal and any person may, within the prescribed 
period, give notice to the Registrar of opposition to the application on either or both of the 
following grounds-
(a) that the failure to pay the renewal fee was not unintentional; or 
(b) that there has been undue delay in the making of the application. 
(5) If, after publication of a notice in tenns of subsection (4)-
(a) notice of opposition is given within the prescribed period, the Registrar shall notify 
the applicant and shall give to him and to the person opposing the application an 
opportunity to be heard before he decides the case; 
(b) no notice of opposition is given within the prescribed period or, such notice having 
been given, the Registrar considers that the application should be granted, the 
Registrar shall, upon payment of any unpaid renewal fee and such additional fee as 
may be prescribed, make an order restoring the patent and any patent of addition 
specified in the application: 
Provided that the Registrar shall not make an order in tenns of this paragraph unless he is 
satisfied that the failure to pay any renewal fee in connection with the patent was 
unintentional and that no undue delay has occurred the making or prosecution of the 
application. 
(6) An order in tenns of subsection (5) restoring a patent-
(a) may be made subject to such conditions as the Registrar thinks fit, including a 
condition requiring the registration in the Register of any matter in respect of which 
the provisions of this Act relating to entries in the Register have not been complied 
with; and 
(b) shall contain the provision specified in subsection (7) for the protection of persons 
who may have availed themselves of the subject-matter of the patent after a lapse of 
a period of six months from the date on which the renewal fee was due; 
and if any condition imposed in tenns of this subsection is not complied with by the patentee, 
the Registrar may, after giving to the patentee an opportunity to be heard, revoke the order 
and give such directions consequential on the revocation as he thinks fit. 
(7) The provision referred to in paragraph (b) of subsection (6) shall be that the patentee 
shall not commence or prosecute any action or other proceedings or recover damages-
(a) in respect of any infringement of the patent which has taken place after the lapse of 
the said period and before the date of the order; IP/N/I/ZWE/P/l 
Page 27 
(b) in respect of any use of the subject-matter of the patent at any time after the date of 
the order by the employment of any means or composition of matter actually made 
within or imported into Zimbabwe or in respect of any process put into operation in 
Zimbabwe in infringement of the patent after the lapse of the said period and before 
the date of the order or in respect of the sale, purchase or use of any article which is 
the product of the use of the said means, composition of matter or process: 
Provided that the employment of the said means, composition of matter or 
process shall be limited to the person by or for whom the said means, composition 
of matter or process was so made, imported or put into operation, his legal 
representative, his successors or assigns or his vendees, as the case may be; 
(c) in respect of the employment at any time after the date of the order of any further 
means, composition of matter or process, being a reproduction or improvement of 
the means, composition of matter or process referred to in paragraph (b) or in 
respect of the sale, purchase or use of any article which is the product of the said 
further means, composition of matter or process: 
Provided that the employment of the said further means, composition of matter 
or process shall be limited to a person entitled to use as specified in paragraph (b) 
the means, composition of matter or process specified in that paragraph. 
(8) An appeal shall lie from any decision of the Registrar under this section. 
29 Licences of right 
(1) At any time after the sealing of a patent the patentee may apply to the Registrar for the 
patent to be registered as one in respect of which licences may be issued as of right: 
Provided that no such application may be made in respect of an exclusive licence. 
(2) Where an application has been made in terms of subsection (l), the Registrar shall 
notify the application to any person entered on the Register as being entitled to an interest in 
the patent and, if satisfied, after giving any such person an opportunity to be heard, that the 
patentee is not precluded by contract from granting licences under the patent, cause to be 
entered in the Register notice that licences in respect thereof may be issued as of right. 
(3) Where an entry in the Register is made in terms of subsection (2) in respect of a 
patent-
(a) any person shall, at any time t.~ereafter, be entitled as of right to a licence under the 
patent upon such terms as may, in default of agreement and subject to the provisions 
of subsection (4), be settled by the Registrar on the application of the patentee or the 
person requiring the licence; 
(b) the Registrar may, on the application of the holder of any licence granted under the 
patent before the entry in the Register, order the licence to be exchanged for a 
licence to be granted by virtue of the entry upon terms to be settled in terms of 
paragraph (a); 
(c) if in proceedings for infringement of the patent, otherwise than by the importation of 
goods, the defendant undertakes to take a licence upon terms to be settled by the IPfNl1lZWE/PI1 
Page 28 
Registrar in terms of paragraph Ca), no interdict shall be granted against him, and the 
amount, if any, recoverable against him by way of damages shall not exceed double 
the amount which would have been payable by him as licensee if such a licence had 
been granted before the earliest infringement; 
(d) the renewal fees payable in respect of the patent after the date of the entry in the 
Register shall be one-half of the renewal fees which would be payable if the entry 
were not made. 
(4) In settling the terms of the licence for the purposes of paragraph (a) or (b) of 
subsection (3), the Registrar shall-
(a) take cognizance of section thirty-two with respect to a patent falling under that 
section; and 
(b) provide, inter alia, for the following matters-
(i) the period of the licence; 
(ii) the terms of renewal, if any; 
(iii) the amount of and method for payment of royalties; 
(iv) arrangements for cancellation of the licence upon application made to him by 
. the patentee after failure by the licensee to pay royalties or to observe any other 
conditions induded in the licence by the Registrar, who is hereby authorized to 
include such conditions, so, however, that no such licence may be cancelled 
unless the licensee, after reasonable notice given to him by the patentee, has 
failed to observe such conditions. 
(5) The licensee under any licence granted by virtue of an entry in the Register made 
terms of this section shall, unless, in the case of a licence the terms of which are settled by 
agreement, the licence otherwise expressly provides, be entitled to call upon the patentee to 
take proceedings to prevent any infringement of the patent, and if the patentee refuses or 
neglects to do so within two months after being so called upon, the licensee may institute 
proceedings for the infringement in his own name as ifhe were patentee, making the patentee 
a defendant: 
Provided that a patentee so added as defendant shall not be liable for anv costs p."less he 
enters an appearance and takes part in the proceedings. 
(6) An application for an entry in the Register made in terms of this section shall contain 
a statement, to be verified in such manner as may be prescribed, that the patentee is not 
precluded by contract from granting licences under the patent, and the Registrar may require 
from the applicant such further evidence as he may think necessary. 
(7) An application for an entry in the Register made in terms of this section-
(a) which relates to a patent of addition, shall be treated as an application in relation to 
the patent for the main invention also; or 
(b) which relates to a patent in respect of which a patent of addition is in force, shall be 
treated as an application in relation to the patent of addition also; 
and where a patent of addition is granted in respect of a patent in respect of which an entry in 
terms of this section has already been made, an entry in respect of the patent of addition shall 
also be made: IP/N/I/ZWE/P/1 
Page 29 
Provided no royalty shall be paid by a licensee in respect of such entry. 
(8) An entry the Register made in terms of this section shall be published in the 
Journal. 
(9) An appeal shall lie from any decision of the Registrar under this section. 
30 Cancellation of entry made in terms of section 29 
(1) Within such time as may be prescribed after an entry has been made in terms of 
section twenty-nine in respect of a patent, the patentee may apply to the Registrar for 
cancellation of the entry and; where such an application is made and the balance paid of all 
renewal fees which would have been payable if the entry had not been made, the Registrar 
may, if satisfied that there is no existing licence under the patent or that all licensees under 
the patent consent to the application, cancel the entry accordingly. 
(2) Within the prescribed period after an entry referred to in subsection (1) has been 
made, any person who claims that the patentee is, and was at the time the entry was made, 
precluded by a contract in which the claimant is interested from granting licences under the 
patent may apply to the Registrar for cancellation of the entry. 
(3) Where the Registrar is satisfied, on application made under subsection (2), that the 
patentee is and was precluded as claimed in terms of subsection (2), he shall cancel the entry 
and thereupon the patentee shall be liable to pay, within such period as may be prescribed, a 
sum equal to the balance of all renewal fees which would have been payable if the entry had 
not been made, and if that sum is not paid 
within that period the patent shall cease to have effect at the expiration of that period. 
(4) Where the entry made in respect of a patent is cancelled under this section, the rights 
and liabilities of the patentee with respect to it shall thereafter be the same as if the entry had 
not been made. 
(5) An applicant shall advertise in the Journal any application made by him under this 
section and within the prescribed period after such advertisement-
(a) in the case of an application under subsection (1), any person interested; or 
(b) in the case of an application under subsection (2), the patentee and additionally, or 
alternatively, any person interested; 
may give notice to the Registrar of opposition to the cancellation. 
(6) Where any notice of opposition is given in terms of subsection (5), the Registrar shall­
(a) fix a date for the hearing of the application; and 
(b) advise in writing the parties of the date so fixed; and 
(c) after giving the applicant and the opponent an opportunity to be heard, give such 
decision on the application as he may consider just. 
(7) An application made under this section for the cancellation of-
(a) the entry made in respect of a patent of addition shall be treated as an application for 
the cancellation of the entry made in respect of the patent for the main invention 
also; or LP/NI 1IZ WEIP /1 
Page 30 
(b) the entry made in respect of a patent in respect of which a patent of addition is in 
force shall be treated as an application for the cancellation of the entry made -
respect of the patent of addition also. 
(8) An appeal shall lie from any decision of the Registrar under this section. 
31 Compulsory licence in case of abuse or insufficient use of patent rights 
(1) Subject to subsection (13), any person interested who can show that he has been 
unable to obtain a licence under a patent on reasonable terms may, after the expiration of a 
period of three years subsequent to the date on which that patent was sealed, or four years 
subsequent to the date on which the application in respect thereof was lodged, whichever 
period last expires, apply to the Registrar in the prescribed manner for a compulsory licence 
on the ground that the reasonable requirements of the public with respect to the invention in 
question have not been or will not be satisfied. 
(2) An application under subsection (1) shall-
(a) set out fully the nature of the applicant's interest, the facts on which he bases his 
case and the reliefhe seeks; and 
(b) be accompanied by an affidavit verifying the facts set out in the application. 
(3) If, after consideration of an application under subsection (1), the Registrar is satisfied 
that the applicant has a bona fide interest and that a prima facie case for relief has been made 
out, he shall direct the applicant-
(a) to 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 
(b) to advertise the application in the JournaL 
(4) If the patentee or any other person wishes to oppose the grant of a licence under this 
section, he may, within the prescribed period or within such further period as the Registrar 
may on application allow, deliver to the Registrar a counter-statement, verified by affidavit, 
setting out fully the grounds on which the application is opposed, and shall at the same time 
serve upon the applicant copies of the counter-statement and of such affidavit. 
(5) When, in relation to an application or an opposition thereto, the provisions of 
subsections (1) to (4) have been complied with to the extent therein required, the Registrar 
shall hand all relevant papers to the registrar of the Patents Tribunal, who shall arrange for 
the matter to be heard by that Tribunal in the manner prescribed and, subject to the provisions 
of this section, the Patents Tribunal may make such order therein as it deems just 
(6) The reasonable requirements of the public referred to in subsection (1) shall be 
considered not to have been satisfied in any of the following circumstances-
(a) if the patented invention, being an invention capable of being worked in Zimbabwe, 
is not being worked therein on a commercial scale and there is no satisfactory reason 
for such non-working: IP/N/I/ZWElP/1 
Page 31 
Provided that, if an application for a compulsory licence is made on this ground 
and the Patents Tribunal is of the opinion that the time which has elapsed since the 
sealing of the patent has by reason of the nature of the invention or for any other 
reason been insufficient to enable the invention to be worked within Zimbabwe on a 
commercial scale, the Patents Tribunal may make an order adjourning the hearing of 
the application for such period as will in its opinion be sufficient for that purpose; 
(b) if the working of the invention within Zimbabwe on a commercial scale is being 
prevented or hindered by the importation of the patented article by-
(i) the patentee or persons claiming under him; or 
(ii) persons directly or indirectly purchasing from the patentee; or 
(iii) persons against whom the patentee is not taking or has not taken proceedings 
for infringement; 
(c) if the demand for the patented article in Zimbabwe is not being met to an adequate 
extent and on reasonable terms; 
(d) if, by reason ofthe refusal of the patentee to grant a licence or licences upon 
reasonable terms, the trade or industry of Zimbabwe or the trade of any person or 
class of persons trading in Zimbabwe or the e~tablishment of any new trade or 
industry in Zimbabwe IS being prejudiced, and it is in the public interest that a 
licence or licences should be granted; 
(e) if any trade or industry in Zimbabwe or any person or class of persons engaged 
therein is being prejudiced by unfair conditions attached by the patentee, whether 
before or after the appointed day, to the purchase, hire, licence or use of the patented 
article or to the using or working of the patented process; 
(j) if any condition, which under sectionforty:four is null and void as being in restraint 
of trade and contrary to public policy, has been inserted in any contract made in 
relation to the sale or lease of or any licence to use or work any article or process 
protected by the patent: 
Provided that, for the purpose of determining whether there has been any abuse of the 
monopoly rights under a patent, due regard shall be had to the fact that patents are granted 
not only to encourage invention but also to secure that inventions shall so far as possible be 
worked on a commercial scale in Zimbabwe without undue delay_ 
(7) The Patents Tribunal may order the grant to the applicant of a licence on such terms as 
it may think expedient, including a term precluding the licensee from importing into 
Zimbabwe any goods the importation whereof, by persons other than the patentee or persons 
claiming under him, would be an infringement of the patent. 
(8) If, in respect of an application under this section, the Patents Tribunal is satisfied that 
the invention which is the subject of the application-
(a) is not being worked on a commercial scale within Zimbabwe; and 
(b) is such that it cannot be so worked without the expenditure of capital for the raising 
of which it will be necessary to rely on the patent monopoly; IP/N/I/ZWE/P/l 
Page 32 
it may, unless the patentee or those claiming under him will undertake to find such capital, 
order the grant to the applicant or any other person, or to the applicant jointly with one or 
more other persons, if able and willing to provide such capital, of an exclusive licence on 
such terms as the Patents Tribunal may think just, but subject to subsections (9), (10) and 
(11). 
(9) The terms of an exclusive licence ordered to be granted under subsection (8) shall, 
with due regard to the risks to be undertaken by the licensee in providing the capital and 
working the invention, be so framed as-
(a) to secure to the patentee the maximum royalty compatible with the successful 
working of the invention within Zimbabwe on a commercial scale and at a 
reasonable profit; and 
(b) to guarantee to the patentee a minimum yearly sum by way of royalty, if and so far 
as it is reasonable to do so. 
(10) In addition to any other terms of an order under or licence ordered to be granted 
under subsection (8), the licence and the order shall be made revocable at the discretion of 
the Patents Tribunal if the licensee fails to-
(a) work the invention within the time specified in the order; or 
(b) expend the amount specified in the licence as being the amount which he is able and 
willing to provide for the purpose of working the invention on a commercial scale 
within Zimbabwe; or 
( c) pay to the patentee the royalties payable in terms of the licence. 
(11) In deciding to whom an exclusive licence is to be granted, the Patents Tribunal shall, 
unless good reason is shown to the contrary, prefer an existing licensee to a person who, 
according to the Register, has no interest in the patent. 
(12) The order directing the grant of an exclusive licence under this section­
(a) shall, unless otherwise provided in the order, operate-
(i) to divest the patentee of any right which he may have as patentee to work or use 
the invention; and 
(ii) to revoke all existing licences; 
and 
(b) may, if considered fair and equitable by the Patents Tribunal, be made subject to the 
condition that the licensee shall give proper compensation to be fixed by the Patents 
Tribunal for any money or labour expended by the patentee or any existing licensee 
in developing or working the invention. 
(13) A licensee under this section shall be entitled to call upon the patentee concemed to 
institute any proceedings which may be necessary to prevent hifungement of the patent in 
question and shall in all other respects have the same rights as any other licensee, and if the 
patentee fails, within two months after being called upon by the licensee or within such 
further period as the Patents Tribunal may allow, to institute any such proceedings, the 
licensee may himself institute such proceedings as if he were the patentee, making the 
patentee a defendant, but the patentee shall not be liable for any costs in connection with such 
proceedings unless he enters an appearance and takes part in those proceedings. IP/N/l/ZWE/P/ l 
Page 33 
(14) The existence of a compulsory licence granted solely on the ground that an invention 
is not being worked in Zimbabwe on a commercial scale shall not preclude the grant of 
further licences, including compulsory licences, in respect of that invention, but the holder of 
any compulsory licence shall not be entitled to transfer that licence or grant a sub-licence 
thereunder except to a person to whom the business or the part of the business in connection 
with which the rights under the licence were exercised, has been transferred. 
(15) Except the case of a licence to be granted under subsection (8), no licence shall be 
granted in terms of this section or of section thirty-two while an entry in terms of section 
ty.,lenty-nine in respect of the relevant patent remains in the Register. 
(16) An appeal shall lie from any refusal of the Registrar to issue directions in terms of 
subsection (3). 
(17) For the purposes of this section-
'patented article' includes any article made by a patented process. 
32 Inventions relating to food or certain other commodities 
(1) Subject to subsection (15) of section thirty-one and without prejudice to the other 
foregoing provisions of this Act, where a patent is in force in respect of-
(a) a substance capable of being used as food or medicine or in the production of food 
or medicine; or 
(b) a process for producing a substance referred to in paragraph (a); or 
(c) any invention capable of being used as or as part of a surgical or curative device; 
the Patents Tribunal shall, on application made to it by any person interested, order the grant 
to the applicant of a licence under the patent on such terms as it thinks fit, unless it appears to 
that Tribunal that there are good reasons for refusing the application. 
(2) In settling the terms of a licence under this section the Patents Tribunal shall 
endeavour to secure that food, medicine and surgical and curative devices shall be available 
to the public at the lowest prices consistent with the patentees deriving a reasonable 
advantage from their patent rights. 
(3) A licence granted under this section shall entitle the licensee to make, use, exercise 
and vend the invention as a food or medicine or for the purposes of the production of food or 
medicine or as part of a surgical or curative device, but for no other purposes. 
33 Supplementary provisions as to licences 
An order under this Act for the grant of a licence shall, without prejudice to any other 
method of enforcement, 
have effect as if it were an agreement executed by the patentee and all other necessary parties 
granting a licence in accordance with the order. 
34 Use of patented inventions for service of the State 
(1) Notwithstanding anything this Act, any department of the State or any person 
authorized in writing by the Minister may make, use or exercise any invention disclosed in 
any specification lodged at the Patent Office for the service of the State in accordance with 
this section. IP/NIl/ZWE/P/l 
Page 34 
(2) If, and so far as the invention has, before the effective date of the relevant claim of the 
completed specification, been duly recorded by or tried by or on behalf of a department of the 
State or a person authorized in terms of subsection (1) otherwise than in consequence of the 
communication thereof, directly or indirectly, by the patentee or any person from whom he 
derives title, any use of the invention by virtue of subsection (1) may be made by such 
department of the State or person free of any royalty or other payment to the patentee. 
(3) If and so far as the invention has not been so recorded or tried as is mentioned in 
subsection (2), any use of the invention made by virtue of subsection (1) at any time after the 
acceptance of the complete specification in respect of the patent or in consequence of any 
such communication as is mentioned in subsection (2), shall be made upon such terms as 
may be agreed upon, either before or after the use, between the Minister and the patentee 
with the approval of the Minister of Finance or as may; default of agreement, be 
determined by the Patents Tribunal on a reference under subsection (1) of section thirty-six. 
(4) The authority of the Minister in respect of an invention may be given under subsection 
(1)-
(a) either before or after the patent is granted and either before or after the acts in 
respect of which the authority is given are done; and 
(b) to any person, whether or not he is authorized directly or indirectly by the patentee 
to make, use, exercise or vend the invention. 
(5) Where any use of an invention is made by or with the authority ofthe Minister under 
subsection (1), then, unless it appears to him that it would be contrary to the public interest so 
to do, the Minister shall notify the patentee as soon as practicable after the use is begun, and 
furnish him with such information as to the extent of the use as he may from time to time 
reqUire. 
(6) For the purposes of this section and sections thirty-five and thirty-six, any use of an 
invention for the supply to the government of a country outside Zimbabwe, in pursuance of 
any agreement or arrangement between the Government of Zimbabwe and the government of 
that country, of articles required for the defence of that country shall be deemed to be a use of 
the invention for the service of the State, and the power of a department of the State or a 
person authorized by the Minister under this section to make, use and exercise an invention 
shall include power-
Ca) to sell such articles to the government of any country in pursuance of any such 
agreement or arrangement as aforesaid; and 
(b) to sell to any person any articles made in the exercise of the powers conferred by 
this section which are no longer required for the purpose for which they were made. 
(7) The purchaser of any articles sold in the exercise of powers conferred by this section 
and any person claiming through him shall have power to deal with them in the same manner 
as if the patent were held on behalf of the President. 
(8) Regulations in terms of section ninety-six may govern the rights ofthird parties in 
relation to any use of a patented invention, or an invention in respect of which an application 
for a patent is pending, made for the service of the State in terms of this section or section 
thirty-five. 35 Special provisions as to State use during emergency IP/N/1/ZWE/PI1 
Page 35 
(1) During any period of emergency the powers exercisable in relation to an invention by 
a department of the State or a person authorized by the Minister under section thirty-four 
shall include power to make, use, exercise and vend the invention for any purpose which 
appears to the Minister necessary or expedient-
(a) for the efficient prosecution of any war in which Zimbabwe may be engaged; or 
(b) for the maintenance of supplies and services essential to the life of the community; 
or 
(c) for securing a sufficiency of supplies and services essential to the well-being of the 
community; or 
(d) for promoting the productivity of industry, commerce or agriculture; or 
( e) for fostering and directing exports and reducing imports or imports of any classes, 
from all or any countries and for redressing the balance of trade; or 
(j) generally, for ensuring that the whole resources of the community are available for 
use, and are used, in a manner best calculated to serve the interests of the 
community; or 
(g) for assisting the relief of suffering and the restoration and distribution of essential 
supplies and services in any part of Zimbabwe or any foreign country that is in 
grave distress as the result of war; 
and any reference in that section or in section thirty-six to the service of the State shall be 
construed as including a reference to the purposes referred to in paragraphs (a) to (g). 
(2) In subsection (1)-
'period of emergency' means any period beginning on such date as may be declared by 
the Minister, by statutory instrument, to be the commencement and ending on such date as 
may be so declared to be the termination of a period of emergency. 
36 Reference of disputes as to State use 
(1) Any dispute as to-
(a) the exercise by a department of the State or a person authorized by the Minister of 
the powers conferred by section thirty-four; or 
(b) the terms for the use of an invention for the service of the State thereunder; or 
(c) the compensation payable upon a reference to the Patents Tribunal under subsection 
(4) of section twenty; or 
(d) the right of any person to receive any part of a payment determined in terms of 
paragraph Cb) or (c); 
may be referred to the Patents Tribunal by any party to the dispute :in such manner as may be 
prescribed. I PlNI1 IZWElP/l 
Page 36 
(2) In any proceedings under this section to which a department of the State is a party, the 
Minister may-
(a) if the patentee is a party to the proceedings, apply for revocation of the patent upon 
any ground upon which a patent may be revoked under sectionforty-five; 
(b) in any case, put in issue the validity of the patent without applying for its revocation. 
(3) If in any proceedings under this section any question arises whether an invention has 
been recorded or tried as mentioned in section thirty-four or has been used by or on behalf of 
or to the order of a department of the State under subsection (3) of section twenty, and the 
disclosure of any document recording the invention or of any evidence at the trial or use 
thereof would, in the opinion of the Minister, be prejudicial to the public interest, the 
disclosure may be made confidentially to the legal practitioner, if any, appearing for the other 
party or to an independent expert agreed upon by the parties. 
(4) In determining under this section any dispute between a department of the State and 
any person as to terms for the use of an invention for the service of the State, the Patents 
Tribunal shall have regard to any benefit or compensation which that person or any person 
from whom he derives title may have received or may be entitled to receive, directly or 
indirectly, from any department of the State in respect of the invention in question. 
PART V 
SPECIAL PROVISIONS RELATING TO SPECIFICATIONS, ANTICIPATION AND 
RIGHTS IN INVENTIONS (sections 37-47) 
37 Amendment of specification by Registrar 
(1) Subject to this section, an applicant for a patent or a patentee may at any time, by 
request in writing lodged at the Patent Office, seek leave to amend either his provisional or 
his complete specification. including drawings forming part thereof, and shall in making any 
such request state the nature of the proposed amendment and the reasons therefor. 
(2) Where there are joint applicants or patentees, a request in terms of subsection (l) shall . 
be made by them jointly or by one or more of them with the written consent of the other or 
others, and in the case of disagreement between them the Registrar may, if satisfied that one 
or more of them should be allowed to proceed alone and subject to such conditions as he may 
impose, permit the request to be made without the consent of the others: 
Provided that all parties interested shall be notified by the applicant of the request and be 
entitled to be heard before any decision is given thereon. 
(3) After the acceptance of a complete specification-
(a) no amendment thereof shall be effected except by way of disclaimer, correction or 
explanation; and 
(b) no amendment thereof shall be allowed, except for the purpose of correcting an 
obvious mistake or a false statement which was made in the belief that it was true 
the effect of which would be that-
(i) the specification as amended would claim or describe matter not in substance 
disclosed in the specification before the amendment; or 
(ii) any claim of the specification as amended would not fall wholly within the 
scope of a claim of the specification before the amendment. , IPIN/1/ZWE/PIl 
Page 37 
(4) The request for an amendment of an accepted complete specification and its nature 
and the reasons therefor shall be advertised by the applicant in the Journal, and, at any time 
within three months of the advertisement or such further time as the Registrar, subject to such 
conditions as he may impose, may allow, any person may give notice at the Patent Office of 
opposition to the amendment. 
(5) Notice of opposition in terms of subsection (4) shall be given in the prescribed manner 
to the Registrar and to the person making the request, and the Registrar shall hear the person 
making the request and the person who has given notice of opposition and determine whether 
and subject to what conditions, if any, the amendment ought to be allowed. 
(6) wnere a complete specification has not been accepted, the Registrar shall determine 
whether and subject to what conditions, if any, the amendment ought to be allowed. 
(7) No request for amendment under this section shall be allowed if and so long as any 
proceedings are pending for infringement or revocation of the patent in question. 
(8) An appeal shall lie from any decision of the Registrar made under this section. 
38 Amendment of specification with leave of Court or Patents Tribunal 
In any action for infringement of a patent or any proceedings before the Patents Tribunal 
for the revocation of a patent, the Court or the Patents Tribunal, as the case may be, may, 
subject to subsection (3) of section thirty-seven, allow the patentee to amend his complete 
specification in such manner and subject to such terms as to costs, advertisement or otherwise 
as the Court or the Patents Tribunal may think fit, and, if in any such proceedings for 
revocation the Patents Tribunal decides that the patent is invalid, it may allow the 
specification to be amended under this section instead of revoking the patent. 
39 Restrictions on recovery of damages certain cases 
Where an amendment of a specification by way of disclaimer, correction or explanation 
has been allowed under this Act after the publication of the specification, no damages shall 
be awarded in any proceedings in respect of the use of the invention before the date of the 
decision allowing the amendment if the Court or the Patents Tribunal is satisfied that the 
specification as originally published was not framed in good faith and with reasonable skill 
and knowledge. 
40 Savings for anticipation 
An invention claimed in a complete specification shall not be deemed to have been 
anticipated by reason only of the communication of the invention to a department of the State 
or to any person authorized by the Minister to investigate the invention or its merits or of 
anything done by any person whomsoever in consequence of such a communication for the 
purpose of the investigation. 
Co-ownership of patents 
(1) Where a patent is granted to two or more persons, each of those persons shall, unless 
an agreement to the contrary is in force, be entitled to an equal undivided share in the patent. 
(2) Subject to this section, where two or more persons are registered as patentees then, 
unless an agreement to the contrary is in force, each of those persons shall be entitled, by 
himself or his agents, to make, use, exercise and vend the patented invention for his own 
benefit without accounting to the other or others. IP/N/1/ZWE/Pi1 
Page 38 
(3) Subject to subsections (6), (7) and (8) and to any agreement for the time being in 
force, a licence under a patent shall not be granted and a share in a patent shall not be 
assigned except with the consent of all persons, other than the licenser or assignor, who are 
registered as patentees. 
(4) Where a patented article is sold by one of two or more persons registered as patentees, 
the purchaser and any 
person claiming through him shall in respect of such article be entitled to deal with it in the 
same manner as if it had been sold by a sole patentee. 
(5) Subject to this section, the rules oflaw applicable to the ownership and devolution of 
movable property generally shall apply in relation to patents as they apply in relation to other 
incorporeal rights. 
(6) Where two or more persons are registered as patentees, the Registrar may, upon 
application made to him in the prescribed manner by any of those persons, give such 
directions in accordance with the application as to the sale or lease of the patent or any 
interest therein, the grant of licences under the patent or the exercise of any right under 
subsections (1) to (5) in relation thereto as he thinks fit. 
(7) If any person registered as patentee fails to execute any instrument or to do any other 
thing required for the carrying out of any direction given under this section within fourteen 
days after being requested in writing so to do by any of the other persons so registered, the 
Registrar may, upon application made to him in the prescribed manner by any such other 
person, give directions empowering any person to execute that instrument or to do that thing 
in the name and on behalf of the person in default. 
(8) Before giving directions in pursuance of an application under subsection (6) or (7), the 
Registrar shall give an opportunity to be heard-
(a) in the case of an application under subsection (6), to the other person or persons 
registered as patentees; 
(b) in the case of an application under subsection (7), to the person in default. 
(9) An appeal shall lie from any decision of the Registrar under this section. 
(10) No directions shall be given under this section so as to affect the mutual rights or 
obligations of trustees or of the legal representatives of a deceased person or their rights or 
obligations as such. 
42 Disputes as to inventions made by joint inventors 
(1) Where a dispute arises between two or more persons as to the rights of the parties in 
respect of an invention made by those persons jointly or in respect of any patent to be granted 
in respect thereof, the Registrar may, upon application made to him in the prescribed manner, 
and after giving to each of the parties an opportunity to be heard, determine the matter in 
dispute and make such orders for giving effect to his decision as he considers expedient. 
(2) Upon an application made to him under subsection (1), the Registrar may, unless 
satisfied that one of the parties is entitled to the exclusion of the other or others to the benefit 
of the invention in respect of which the application is made, by order provide for the 
apportionment, between the parties or two or more of the parties, of the invention and of any 
patent to be granted in respect thereof in such manner as the Registrar considers just. IPINI1IZWE/PI1 
Page 39 
(3) A decision of the Registrar under this section shall have the same effect as between 
the parties and persons claiming under them as a decision of the Patents TribunaL 
(4) An appeal shall lie from any decision of the Registrar under this section. 
(5) Where it is claimed that an invention referred to in subsection (1) has been made 
jointly by two or more persons and that the interest of any such joint inventors has, by virtue 
of any assignment or agreement or by operation of law, been transferred to the claimant, the 
claimant shall be regarded, for the purposes of subsection (1), as though he were the joint 
inventor. 
43 Disputes as to inventions made by employees 
(1) Where a dispute arises between an employer and a person who is or was at the 
material time his employee as to the rights of the parties in respect of an invention made by 
the employee, either alone or jointly with other employees, or in respect of any patent granted 
or to be granted in respect thereof, the Registrar may, upon application made to him in the 
prescribed manner by either of the parties and after giving to each of them an opportunity to 
be heard, determine the matter in dispute and may make such orders for giving effect to his 
decision as he considers expedient. 
(2) A decision of the Registrar under subsection (1) shall have the same effect as between 
the parties and persons claiming under them as a decision of the Patents Tribunal. 
(3) An appeal shall lie from any decision of the Registrar under subsection (1). 
44 A voidance of certain restrictive conditions in contracts 
(1) Subject to subsection (2), it shall not be lawful in any contract made after the 
appointed day in relation to the sale or lease of or a licence to use or work any article or 
process protected by a patent to insert a condition the effect of which will be-
(a) to prohibit or restrict the purchaser, lessee or licensee from using any article or class 
of articles, whether patented or not, or any patented process supplied or owned by 
any person other than the seller, lessor or licenser or his nominee; or 
Cb) to require the purchaser, lessee or licensee to acquire from the seller, lessor or 
licenser or his nominee any article or class of articles not protected by the patent; 
and any such condition shall be null and void, as being in restraint of trade and contrary to 
public policy. 
(2) Subsection (1) shall not apply if-
Ca) the seller, lessor or licenser proves that at the time the contract was entered into the 
purchaser, lessee or licensee had the option of purchasing the article or obtaining a 
lease or licence on reasonable terms without the conditions referred to in subsection 
0); and 
Cb) the contract entitles the purchaser, lessee or licensee to relieve himself ofms 
liability to observe any such condition on giving the other party three months' notice 
in writing and on payment, if the Patents Tribunal so directs, of compensation for 
such relief, the case of a purchase of such sum, or in case of a lease or licence of 
such rent or royalty, for the residue of the term of the contract, as may be fixed by 
the Patents Tribunal. IP/N/1/ZWE/PIl 
Page 40 
(3) Any contract relating to the lease of or licence to use or work any patented article or 
patented process may, at any time after the patent or all the patents by which the article or 
process was protected in Zimbabwe at the time of the making of the contract has or have 
ceased to be in force, and notwithstanding anything to the contrary in the same or in any 
other contract, be determined by either party on giving three months' notice in writing to the 
other party. 
(4) Nothing in this section shall-
(a) affect any condition in a contract whereby any person is prohibited from selling any 
goods other than those of a particular person; 
(b) be construed as validating any contract which would, apart from this section, be 
invalid; 
(c) affect any right of determining a contract or condition in a contract exercisable 
independently of this section; 
(d) affect any condition in a contract for the lease of or a licence to use a patented 
article whereby the lessor or licenser reserves to himself or his nominee the right to 
supply such new parts of the patented article as may be required to put or keep it in 
repaIr. 
45 Revocation of patents 
(l) 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 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 
eighty and of paragraph (b) of subsection (1) of section eighty-three, on no other grounds. 
(2) Where an order for the granting of a licence under the patent has been made in 
pursuance of an application under section thirty-one, any person interested may, at any time 
after the expiration of two years from the date of that order, apply to the Court or to the 
Patents Tribunal for the revocation of the patent upon any of the grounds specified in 
subsection (6) of section thirty-one and, if upon such application the Court or the Patents 
Tribunal, as the case may be, is satisfied-
(a) that any of the said grounds are established; and 
(b) that the purpose for which an order may be made in pursuance of an application 
under section thirty-one could not be achieved by the making of any further order 
under that section; 
it may order the patent to be revoked. 
(3) An application for the revocation of a patent shall state the grounds on which the 
applicant relies and shall be accompanied by a statement setting out particulars of the facts 
alleged in support of the said grounds, and a copy of the application and of the statement 
shall be served by the applicant on the patentee and proof of such service shall be furnished 
to the registrar of the Patents Tribunal. lP/Nil 
Page 41 
(4) If the patentee wishes to contest an application made in terms of subsection (1) or (2), 
he shall, within such time as may be prescribed or such further time as the Court or the 
Patents Tribunal, as the case may be, may allow, lodge with the registrar of the Patents 
Tribunal a counter-statement setting out particulars of the grounds upon which the 
application is contested and deliver to the applicant a copy of that statement. 
(5) Except by leave of the Court or the Patents Tribunal, as the case may be, no evidence 
shall be admitted in proof of any ground, particulars of which are not delivered in tenns of 
subsection (3) or (4). 
(6) Particulars delivered in terms of subsection (3) or (4) may from time to time be 
amended by leave of the Court or the Patents Tribunal, as the case may be. 
(7) The Court or the Patents Tribunal, as the case may be, shall appoint a time for the 
hearing of an application in terms of subsection (1) or (2), and shall thereafter decide whether 
the patent shall be revoked or whether and, if so, subject to what amendments, if any, of the 
specification or claims thereof, the patent shall be upheld: 
Provided that the Court or the Patents Tribunal, as the case may be-
(a) shall not allow any amendment of the specification or claims of the patent if it is 
established to its satisfaction that the original complete specification and claims 
were not framed in good faith and with reasonable skill and knowledge; and 
(b) may, in the exercise of its discretion as to costs, take into consideration the conduct 
of the patentee in framing his original specification and claims and permitting them 
to remain as so framed. 
(8) An order for the revocation of a patent under this section may be made so as to take 
effect either unconditionally or in the event of failure to comply, within such reasonable 
period as may be specified in the order, with such conditions as may be imposed by the order 
with a view to achieving the purposes for which an order may be made in pursuance of an 
application under section thirty-one, and the Court or the Patents Tribunal, as the case may 
be, may, on reasonable cause shown in any case, by subsequent order extend any period so 
specified. 
(9) The registrar of the Patents Tribunal shall inform the Registrar of any application or 
counter-statement which is lodged with him in terms of this section and of any amendment of 
particulars which is permitted in terms of subsection (6), 
46 Consequences of revocation on grounds fraud 
(1) Where-
(a) a patent is revoked on the ground of fraud; or 
Cb) a patent fraudulently obtained has been surrendered and revoked; or 
( c) the grant of a patent has been refused under the provisions of paragraph (b) of 
subsection (1) of section seventeen; 
the Patents Tribunal may, on the application of the person entitled to the invention for 
Zimbabwe or his legal representative, made in accordance with this Act, direct the grant to 
him of a patent for the whole or any part of the invention, bearing the same date as the patent 
so revoked or as would have been borne by the patent which has been refused if the grant 
thereof had not been refused. IPIN/l/ZWEIPIl 
Page 42 
(2) Where, in proceedings before the Patents Tribunal in connection with opposition to 
the grant of a patent, the Patents Tribunal has found that the subject-matter was in part 
obtained from the objector and has required that the specification be amended by the 
exclusion of that part of the matter, the Patents Tribunal may direct that, on the application of 
the inventor or any person claiming through or under him made in accordance with this Act 
within three months after the date of the direction or within such further period as the Patents 
Tribunal may allow, a patent for that excluded part of the matter bearing the date of and 
having the same effective date as the opposed application be granted to the applicant 
concerned. 
(3) No action shall be brought for any infringement of a patent committed-
(a) in the case of a patent granted under subsection (1), before the date of sealing 
thereof; or 
(b) in the case of a patent granted under subsection (2), before the date of advertisement 
of acceptance of the complete specification lodged in pursuance of the application 
for such patent. 
47 Surrende:r of patents 
(1) A patentee may at any time, by notice given to the Registrar, offer to surrender his 
patent. 
(2) Where an offer in terms of subsection (1) is made, the patentee shall advertise the 
offer in the Journal, and within the prescribed period after such advertisement any 
person interested may give notice to the Registrar of opposition to the surrender. 
(3) Where any notice of opposition in terms of subsection (2) is duly given, the Registrar 
shall notify the patentee. 
(4) If, after hearing the patentee and any opponent who is desirous of being heard, the 
Registrar is satisfied that the patent may properly be surrendered, he may accept the offer and 
by order revoke the patent and he shall give notice of any such revocation in the Journal: 
Provided that if no notice of opposition has been duly given it shall not be necessary for 
the Registrar to hear the patentee. 
(5) An appeal shall lie from any decision of the Registrar under this section. 
PART V} 
INFRINGEMENTS (sections 48-52) 
48 Procedure and conditions in action for infringement 
(1) An action for infringement of a patent may only be instituted by the patentee or the 
exclusive licensee. 
(2) An action for infringement of a patent shall be heard and determined by the Court and, 
subject to the provisions of any rules made by the Court, the following provisions shall apply 
in connection therewith-
(a) any ground upon which a patent may be revoked under this Act may be relied upon 
by way of defence; I PlNl1lZWE/P/l 
Page 43 
(b) the defendant may, by way of counter-claim in the action, apply for the revocation 
of the patent; 
( c) the plaintiff shall, with his statement of claim or declaration or on the order of the 
Court at any subsequent time, deliver full particulars of the infringement 
complained of; 
(d) the defendant shall, with his statement of defence or plea or on the order of the 
Court at any subsequent time, deliver particulars of any objections on which he 
relies in support thereof; 
(e) at the hearing no evidence shall, except by leave of the Court, be admitted of any 
infringement or on any objections of which particulars have not been so delivered in 
terms of paragraph (c) or (d); 
(j) the Court may allow the patentee to amend his specification, subject to such terms 
as to costs, advertisement or otherwise as it may impose and to the provisions of 
subsection (3) of section thirty-seven. 
(3) In any action under this section where an exclusive licensee is the plaintiff, the 
patentee shall, unless he is joined as plaintiff in such action, be added as defendant: 
Provided that a patentee so added as defendant shall not be liable for any costs unless he 
enters an appearance and takes part in the proceedings. 
(4) If the patentee is the plaintiff in any action under this section, he shall give notice 
thereof to the exclusive licensee under the patent in question and any such licensee shall be 
entitled to intervene as a co-plaintiff and to recover any damages he may have suffered as a 
result of the infringement. 
(5) No action under this section shall lie in respect of an infringement which took place 
before the pubiication referred to in subsection (2) of section sixteen. 
(6) No action for infringement of a patent may be instituted more than three years after 
the date on which that patent has expired or lapsed. 
(7) In an action for infringement of a patent the plaintiff shall be entitled to relief by way 
of interdict and damages and the Court may, on application, make such order for an interdict, 
damages, inspection or account and impose such terms and give such directions as it may 
deem fit: 
Provided that awarding damages the Court shall take into account any dilatory conduct 
on the part of the patentee or plaintiff in making the infringer aware of the patent. 
(8) In an action for infringement of a patent in respect of an invention which relates to the 
protection of a new substance, any substance of the same chemical composition and 
constitution shall, in the absence of proof to the contrary, be deemed to have been produced 
by the patented process. 
49 Relief for infringement of partially valid specification 
(1) Where, in any action for the infringement of a patent, the Court fmds that any claim in 
the specification respect of which the infringement is alleged is valid, but that any other 
claim thereunder is invalid, then, notwithstanding the provisions of sectionforty-eight, the 
following provisions shall apply-IPlNIlIZWE/P/l 
Page 44 
(a) unless the Court is satisfied that the invalid claim was not framed in good faith and 
with reasonable skill and knowledge, the Court shall, subject to its discretion as to 
costs and as to the date from which damages should be reckoned and to such terms 
as to amendment of the specification as it may deem desirable, grant relief in respect 
of any valid claim which is or has been infringed, without regard to the validity of 
any other claim in the specification, and in exercising such discretion the Court may 
take into consideration the conduct of the patentee in inserting the invalid claim in 
the specification or permitting that claim to remain there; 
(b) ifthe Court is satisfied that the invalid claim was not framed in good faith and with 
reasonable skill and knowledge, the Court shall not grant any relief by way of 
damages or costs, but may grant such other relief in respect of any valid claim which 
is or has been infringed as to it seems just and may impose such terms as to 
amendment of the specification as a condition of granting any such relief as it may 
deem desirable; 
(c) if a counter-claim for revocation of the patent has been made in the action on the 
ground of invalidity of any claim in the specification, the Court may postpone the 
operation of any order made there on for such time as may be requisite to enable the 
patentee to effect any amendment of the specification pursuant to terms imposed by 
the Court and may attach such other conditions to any order to be made on the 
counter-claim as the Court may deem desirable. 
50 Restrictions on recovery of damages for infringement 
(1) Where-
Ca) there has been a change of ownership of a patent, whether by virtue of assignment, 
transmission or operation of law; or 
Cb) an exclusive licence has been granted in respect of a patent; 
no damages for the infringement of the patent shall be recoverable by the new owner or the 
exclusive licensee, as the case may be, in respect of any infringement of that patent during 
the period from the date of the change of ownership or grant of exclusive licence, as the case 
may be, until the registration in terms of section fifty-three of that change of ownership or 
grant of exclusive licence, as the case may be, unless such registration was effected within 
six months of the change of ownership or grant of exclusive licence. 
(2) proceedings are taken in respect of infringement of a patent committed after the 
failure to pay any fee within the prescribed time and before any extension of time for such 
payment, the Court may, if it thinks fit, refuse to award any damages in respect of such 
infringement. 
51 Remedy for groundless threats of infringement proceedings 
(1) Where any person, whether entitled to or interested in a patent or an application for a 
patent or not, by circulars, advertisements or otherwise threatens any other person with 
proceedings for infringement of a patent, any person aggrieved thereby may bring an action 
against him in the Court in accordance with the rules of Court for any such relief as is 
mentioned in subsection (2). IZWE/P/l 
Page 45 
(2) Unless, in any action brought in terms of subsection (1), the defendant proves that the 
acts in respect of which proceedings were threatened constitute or, if done, would constitute, 
an infringement of a patent or of rights arising from the publication of a complete 
specification in respect of a claim of the specification not shown by the plaintiff to be invalid, 
the plaintiff shall be entitled to the following relief, that is to say-
(a) a declaration to the effect that the threats are unjustifiable; 
(b) an interdict against the continuance of the threats; 
(c) such damages, if any, as he has sustained thereby. 
(3) For the avoidance of doubt, it is hereby declared that a mere notification of 
existence of a patent shall not constitute a threat of proceedings within the meaning of 
subsection (l). 
(4) The defendant in any action brought in terms of subsection (1) may apply, by way of 
counter-claim in the action, for any relief to which he would be entitled in a separate action 
in respect of any infringement by the plaintiff of the patent to which the threats relate. 
52 Power of Court to make declaration as to non-infringement 
(1) A declaration that the use by any person of any process or the making or use or sale 
by any person of any article does not or would not constitute an infringement of a claim of a 
patent may be made by the Court in proceedings between that person and the patentee or the 
holder of an exclusive licence under the patent, notwithstanding that no assertion to the 
contrary has been made by the patentee or licensee, if it is shown that-
(a) the plaintiff has applied in writing to the patentee or licensee for a written 
acknowledgement to the effect of the declaration claimed and has furnished him 
with full particulars in writing of the process or article question; and 
(b) the patentee or licensee has refused or neglected to give such an acknowledgement 
(2) In proceedings for a declaration brought by virtue of this section the Court shall make 
such order in respect of the costs of all parties to the proceedings as it deems fit: 
Provided that a patentee or holder of an exclusive licence under the patent shall not be 
liable for any costs unless he enters an appearance and takes part in the proceedings. 
(3) The validity of a claim of the specification of a patent shall not be called in question 
in proceedings for a declaration brought by virtue of this section, and accordingly the making 
or refusal of such a declaration in the case of a patent shall not be deemed to imply that the 
patent is valid. 
(4) Proceedings for a declaration may be brought in terms of this section at any time after 
the date of the notice of the acceptance of the complete specification in pursuance of an 
application for a patent, and references in this section to the patentee shall be construed 
accordingly: 
Provided that this subsection shall not apply if the acceptance of the complete 
specification has been cancelled in terms of subsection (5) of section sixteen. IP/NIlIZWEIPI 1 
Page 46 
PARTVH 
ASSIGNMENTS Al'iD CORRECTIONS (sections 53-55) 
53 Provisions as to assignments 
(1) Subject to subsection (7) of section twenty-sL'(, the rights granted to a patentee by a 
patent shall be capable of assignment and of devolution by operation of law and of being 
mortgaged and pledged. 
(2) Where any person becomes entitled by assignment, transmission or operation of law 
to a patent or to a share in a patent or becomes entitled as mortgagee, licensee or otherwise to 
any other interest in a patent, he may apply to the Registrar in the prescribed manner for the 
registration of his title as proprietor or co-proprietor or, as the case may be, of notice of his 
interest in the Register, and the Registrar shall, upon proof of such entitlement to his 
satisfaction, register such title or notice against the patent accordingly. 
(3) Except for the purposes of an application to rectifyr the Register under the provisions 
of this Act, a document in respect of which no entry has been made in the Register under 
subsection (2) or the corresponding provision of the repealed legislation shall not be admitted 
in any proceedings as evidence ofthe title of any person to a patent or a share of or interest in 
a patent, unless the Patents Tribunal or Court otherwise directs. 
54 Power of Registrar to authorize corrections 
(1) The Registrar may authorize-
(a) the correction of any clerical error or omission or error jn translation in any patent, 
application for a patent or document lodged in pursuance of such an application or 
in the Register; 
(b) the amendment otherwise of any documents for the amending of which no express 
provision is made in this Act; 
( c) the condonation or correction of any irregularity in procedure in any proceedings 
before him, if such condonation or correction is not detrimental to the interests of 
any person. 
(2) A correction may be made in terms of subsection (1) either upon a request in writing 
accompanied by the prescribed fee or without such a request. 
(3) Where it is proposed to make a correction otherwise than upon a request in writing, 
the Registrar shall give notice of the proposal to the patentee or the applicant for the patent, 
as the case may be, and to any other person who appears to him to be concerned, and shall 
give any such person an opportunity to be heard before the correction is made. 
(4) Where a request is made for the correction of a clerical error or omission referred to in 
subsection (1) and it appears to the Registrar that the correction would materially alter the 
scope of the document to which the request relates, the Registrar may require notice of the 
request to be advertised in the Journal and to be served upon such persons as he considers 
necessary. 
(5) Any opposition to a request for a correction in terms of subsection (1) may be lodged 
and shall be dealt with by the Registrar in the manner prescribed. 
(6) An appeal shall lie from any decision of the Registrar under this section. 55 Rectification of Register IP INillZWE/P 11 
Page 47 
(1) The Patents Tribunal may, on the application of any person aggrieved, order the 
Register to be rectified by the making of any entry therein or the variation or deletion of any 
entry therein. 
(2) The Patents Tribunal may determine any question which it may be necessary or 
expedient to decide in connection with the rectification of the Register. 
(3) Notice of an application to the Patents Tribunal in terms of subsection (1) shall be 
given in the prescribed manner to the Registrar and all interested parties, and the Registrar 
and all such parties shall be entitled to appear and be heard on the application. 
(4) An order made by the Patents Tribunal under this section shall be served on the 
Registrar in the prescribed manner and the Registrar shall, on the receipt of the notice, rectify 
the Register accordingly. 
PART VIII 
FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE, 
DOCUMENTS Al~D POWERS OF REGISTRAR (sections 56-(2) 
56 Evidence of certain entries and documents 
(1) A certificate purporting to be signed by the Registrar and certifying that any entry the 
making of which is or was at the time authorized by or under this Act or the repealed 
legislation has or has not been made or that any other thing which is or was at the time so 
authorized to be done has or has not been done shall be prima facie evidence of the matters 
so certified. 
(2) A copy of an entry in the Register or of any document kept in the Patent Office or of 
any patent or an extract from the Register or any such document purporting to be certified by 
the Registrar and sealed with the seal of the Patent Office shall be admitted in evidence 
without further proof and without production of the original. 
57 Requests for information as to patent or patent application 
The Registrar shall, on request made to him in the prescribed manner by any person and 
on payment of the prescribed fee, furnish the person making the request with such 
information relating to any patent or application for a patent as may be specified in the 
request, being information in respect of any such matters as may be prescribed. 
58 Loss or destruction of patent 
,,,There the Registrar is satisfied that a patent has been lost or destroyed or cannot be 
produced, he may at any time cause a duplicate thereof to be sealed on payment of such fee 
as may be prescribed. 
59 Exercise of discretionary powers of Registrar 
(1) Without prejudice to any provisions of this Act requiring the Registrar to hear any 
party to proceedings thereunder or to give to any such party an opportunity to be heard, the 
Registrar shall give to any applicant for a patent or for amendment of a specification an 
opportunity to be heard before exercising adversely to the applicant any discretion vested 
the Registrar by or under this Act. IP/N/l/ZWE/PIl 
Page 48 
(2) Subject to subsection (2) of section seventy-six, where by this Act any time is 
specified within which any act or thing is to be done, the Registrar may, save where it is 
expressly otherwise provided, extend the time, either before or after its expiration, if he is 
satisfied that the failure to comply with the provisions relating to such time has not been or 
will not be due to any neglect or default on the part of the person concerned. 
60 Proceedings before Registrar 
(1) Evidence in any proceedings before the Registrar under this Act shall be given by 
affidavit, so, however, that the Registrar may, ifhe thinks fit in any particular case, take oral 
evidence on oath in lieu of or in addition to such evidence as aforesaid, and may allow any 
witness to be cross-examined on his affidavit or oral evidence. 
(2) For the purposes of any proceedings before the Registrar under this Act, the Registrar 
shall have the same powers, lights and privileges as are conferred upon a commissioner by 
the Commissions ofInquiry Act [Chapter 10:07], other than the powers to order a person to 
be detained in custody, and sections 9 to 13 and 15 to 19 of that Act shall apply, mutatis 
mutandis, in relation to the hearing and determination of any matter before the Registrar 
under this Act and to any person ~ummoned to give evidence or giving evidence before him. 
61 Registrar may award costs 
(1) The Registrar may award costs against any party to any proceedings before him and in 
favour of any other party to those proceedings. 
(2) If any party to proceedings before the Registrar is resident outside Zimbabwe or has 
no immovable property therein, the Registrar may, on the application of any other party to 
the proceedings, order that security to the satisfaction of the Registrar be lodged or given by 
the first-mentioned party in respect of any costs which may be awarded against him in those 
proceedings and may refuse, until such security has been lodged or given, to permit such 
proceedings to be continued. 
(3) Unless otherwise agreed between the parties, any costs awarded in terms of subsection 
(1) shall be taxed by the Registrar in accordance with the provisions prescribed in respect of 
the awarding of costs in terms of subsection (1), and any such costs may be recovered by 
action in a court of competent jurisdiction. 
(4) An appeal shall lie from any decision of the Registrar made under the provisions of 
this section. 
62 Advertisements to be approved by Registrar 
No advertisement or notice, other than a notice issued under the authority of the President 
or the Minister, shall be published by any person under this Act unless the Registrar has 
approved the form and contents of such advertisement or notice, and no advertisement or 
notice which has not been so approved shall have any force or effect for the purposes of this 
Act. PART IX 
PATENT AGENTS (sections 63-68) 
63 Patent agents and their functions IP/N/I/ZWE/P/l 
Page 49 
(1) Subject to this Act, a patent agent may act as agent on behalf of any person in 
connection with any matter or proceeding before the Registrar under this Act and may 
draw and sign all documents and make all communications between an applicant and the 
Patent Office and may represent an applicant at all attendances before the Registrar. 
(2) A patent agent shall not be guilty of an offence under the provisions of any enactment 
prohibiting the preparation for reward of certain documents by persons not legally qualified 
by reason only of the preparation or signature by him of any document relating to patents for 
use in the Patent Office or required in any proceedings under this Act before the Registrar or 
the Patents Tribunal. 
64 Qualification and registration of patent agents 
(l) The Registrar shaU-
(a) keep a Register of Patent Agents in which the name of every person, immediately 
upon his being accepted for registration, shall be registered, showing against his 
name such particulars as the Registrar shall from time to time deem necessary; and 
( b) enter in such Register of Patent Agents all changes relating to registrations. 
(2) Any person ordinarily resident in Zimbabwe who-
(a) has served such period of articles as may be prescribed and has passed the 
prescribed qualifying examinations; or 
(b) has passed the prescribed qualifying examinations and produces proof that he is a 
member in good standing of The Chartered Institute of Patent Agents incorporated 
by Royal Charter on the 11 th August, 1891; or 
(c) produces proof that he holds a qualification recognized by the Minister as being 
equivalent to the qualifications required for the purposes of paragraph (a) or (b); 
may make application to the Registrar in the prescribed manner to be registered as a patent 
agent, and the Registrar shall arrange such registration ifhe is satisfied that there is no good 
reason why it should not be arranged and that the applicant is not a person whose name could 
be removed from the Register of Patent Agents under paragraph (b), ( c) or (j) of subsection 
(l) of section sixty-five: 
Provided that an officer the Public Service who has been employed in the Patent Office 
shall not be registered as a patent agent or be permitted to practise as such until at least 
twelve months have expired since he ceased to be so employed. 
(3) Any person who, immediately prior to the appointed day, was registered as a patent 
agent in terms of the Patents Act, 1957 (No. 13 of 1957) shall be deemed to have been 
registered as a patent agent under this Act. 
(4) An appeal shall lie from any decision of the Registrar made under the provisions of 
subsection (2). l/ZWE/PIl 
Page 50 
65 Removal of names from Register of Patent Agents 
(1) The Registrar may remove from the Register of Patent Agents the name of any patent 
agent upon proof to his satisfaction that that patent agent-
(a) has died; or 
(b) has become of unsound mind; or 
(c) has been adjudged insolvent under any enactment in force in Zimbabwe or has made 
an assignment to or composition with his creditors; or 
(d) has ceased to reside in Zimbabwe or has ceased to maintain a place of business 
therein; or 
( e) has applied for his name to be so removed; or 
(f) has, after being convicted in Zimbabwe or elsewhere of the crime of theft, fraud, 
forgery or uttering a forged document or perjury, been sentenced to serve a term of 
imprisonment without the option of a fine, whether such sentence is suspended or 
not, and has not received a free pardon; or 
(g) having been entitled to practise as a legal practitioner or to be registered as a patent 
agent, has ceased to be so entitled; or 
(h) having been entitled to practise as a legal practitioner or a patent agent, has ceased 
to practise as such. 
(2) An appeal shall lie from any decision of the Registrar made under the provisions of 
subsection (1). 
(3) Subject to this section and such procedure as may be prescribed, the Patents Tribunal 
may order the Registrar to remove the name of any patent agent from the Register of Patent 
Agents or may suspend any patent agent from practising as such for such time as it thinks fit 
if it is satisfied, after due inquiry, that such person has been guiliy-
(a) of conduct discreditable to a patent agent; or 
(b) of a breach of any regulations prescribing the conduct of patent agents. 
(4) No order shall be made by the Patents Tribunal in ternlS of subsection (3) unless the 
patent agent concerned has been given notice of any allegations made against him and has 
had an opportunity to adduce evidence and to be heard. 
(5) Any institute or other organization recognized by the Minister as being representative 
of the patent agents in Zimbabwe shall be entitled to be represented, to adduce evidence and 
to be heard by the Patents Tribunal before it makes any order in terms of subsection (3). 
(6) Where the name of any patent agent has been removed from the Register of Patent 
Agents under the provisions of subsection (1) or (2), his name shall not be restored to that 
Register except by direction of t.~e Patents Tribunal, which may further direct that such 
restoration shall be made either without fee or on payment of such fee, not exceeding the 
registration fee, as it may :fix, and the Registrar shall restore the name accordingly. 66 Privileges of attorneys IP/Nl1lZWE/P/l 
Page 51 
Every person entitled to practise as a legal practitioner in Zimbabwe may practise as a 
patent agent and perform the functions set out in section sixty-three without being registered 
as a patent agent, but no such person shall be entitled to be so registered except under the 
provisions of section sixty-four. 
67 Entitlement to practise as patent agent and power of Controller to refuse to deal 
with certain agents 
(1) No person shall practise as a patent agent unless he is registered as such or is, by 
virtue of the provisions of section sixty-six, entitled so to practise. 
(2) A person shall be deemed to practise as a patent agent 
(a) he performs any of the functions of a patent agent set out in section sixty-three; or 
Cb) he carries on within Zimbabwe the business of applying for or obtaining for others 
patents in Zimbabwe or elsewhere. 
(3) No person who is not a legal practitioner or registered as a patent agent shall describe 
himself as, or hold himself out to be, a patent agent or use any term implying 
such a meaning, nor shall such a person permit himself to be so described or held out 
(4) No person who is not a legal practitioner, whether or not he is registered as a patent 
agent, shall describe himself as, or hold himself out to be, a patent attorney or attorney for 
patents or use any term containing the word 'attorney" nor shall such a person permit 
himself to be so described or held out. 
(5) The Controller may refuse to recognize as agent in respect of any business under this 
Act any person who, not being registered as a patent agent or entitled by virtue of the 
provisions of section sixty-siX to practise as a patent agent, is, in the opinion of the Controller 
having regard to any other activities with which that person is primarily concerned, acting as 
a patent agent in applying for patents in Zimbabwe or elsewhere in the name or for the 
benefit of a person by whom he is employed. 
(6) Any person who contravenes this section shall be guilty of an offence. 
68 Prohibition of certain acts of patent agents 
(1) No patent agent shall have an interest, whether as a partner or manager or otherwise, 
in more than one firn1 of patent agents in Zimbabwe. 
(2) No patent agent shall practise under a name or title which includes the name of any 
person who is not or was not-
(a) in his lifetime ordinarily resident in Zimbabwe; or 
(b) registered as a patent agent under the provisions of this Act or the repealed 
legislation. IP/NI1IZWE/PI1 
Page 52 
(3) No person shall practise as a patent agent ifhe is a party to­
(a) a contract of partnership; or 
(b) an arrangement providing for the sharing or paying over of any professional fees; 
relating to the business of a patent agent with any person who is prohibited from practising as 
a patent agent. 
(4) Any person who contravenes this section shall be guilty of an offence. 
PART X 
PATENTS TRIBUNAL ~~D APPEALS (sections 69-78) 
69 Appeals from Registrar 
Where this Act provides for an appeal from a decision of the Registrar, such appeal shall 
be made to the Patents Tribunal in accordance with this Part. 
70 Patents TrUnmal 
(1) Fbr the purposes of hearing and determining appeals in accordance with section 
sixty-nine and of exercising the other powers conferred upon it by this Act, there is hereby 
established a Patents Tribunal which shall consist of a President. 
(2) The President of the Patents Tribunal shall be a judge or an acting judge of the High 
Court appointed by the Chief Justice. 
(3) The Patents Tribunal shall sit at such times as it may appoint. 
(4) The Minister shall appoint a registrar of the Patents Tribunal and such other officers 
thereof as he may deem necessary. 
(5) It shall be the duty of the registrar of the Patents Tribunal to notify the Controller of 
any order made by the Patents Tribunal under this Act. 
71 General powers of Patents Tribunal 
(1) The Patents Tribunal shall, in connection with any proceedings before it under this 
Act, have all the powers of the Supreme Court and, without prejudice to the foregoing and to 
the other powers conferred upon it by this Act, the Patents Tribunal shall have power to make 
any order for the purpose of securing the attendance of any person, the discovery or 
production of any document or the investigation or punishment of any contempt of court 
which the Supreme Court has power to make. 
(2) The procedure and practice of the Patents Tribunal shall, save as otherwise provided 
for by rules made under this Part, be those prevailing in the Supreme Court in so far as the 
same are applicable and if any matter should arise which is not contemplated by either such 
procedure and practice or such rules, the Patents Tribunal may give instructions regarding the 
course to be pursued, which instructions shall be binding on all parties. 
(3) Upon any appeal to the Patents Tribunal under this Part, the Patents Tribunal may­
(a) confirm, set aside or vary the order or decision in question; 
(b) exercise any of the powers which could have been exercised by the Registrar in the 
proceedings in connection with which the appeal is brought; 
(c) make such order as to costs as it may think fit. IP/NIlIZWE/P/l 
Page 53 
(4) In any proceedings before it, the Patents Tribunal may accept evidence by affidavit or 
take oral evidence on oath and allow any witness to be cross-examined on his affidavit or 
oral evidence. 
72 Right of audience 
In any proceedings before the Patents Tribunal under this Act the parties to such 
proceedings may appear in person or be represented and appear by a legal practitioner and, in 
any case where the Patents Tribunal thinks fit, it may grant leave to the Registrar to intervene 
and he may thereafter appear or be so represented. 
73 Costs and security for costs 
(1) If any party to any proceedings before the Patents Tribunal is resident outside 
Zimbabwe or has no immovable property therein, the Patents Tribunal may, on the 
application of any other party to the proceedings, order that security to its satisfaction be 
lodged or given by the first-mentioned party in respect of any costs which may be awarded 
against him in those proceedings and may refuse to permit such proceedings to be continued 
until such security has been lodged or given. 
(2) Unless otherwise agreed between the parties, any costs awarded in terms of subsection 
(3) of section seventy-one shaH be taxed by the registrar of the Patents Tribunal in accordance 
with rules made under this Part, which taxation shall be subject to appeal to the Patents 
Tribunal, and any such costs may be recovered by action in a court of competent jurisdiction. 
74 Appeals to Supreme Court 
(1) Any party to proceedings before the Patents Tribunal may appeal from any order or 
decision of such Tribunal to the Supreme Court. 
(2) Upon the hearing of an appeal under subsection (1), the Supreme Court may, without 
prejudice to its other powers-
(a) confIrm, set aside or vary the order or decision in question; 
(b) remit the proceedings to the Patents Tribunal with such instructions for further 
consideration, report, proceedings or evidence as the Supreme Court may think fit to 
give; 
( c) exercise any of the powers which could have been exercised by the Patents Tribunal 
in the proceedings in connection with which the appeal is brought; 
(d) make such order as it may think just as to the costs of the appeal or of earlier 
proceedings in the matter before the Patents Tribunal. 
75 Assessors 
The Patents Tribunal may appoint any person with special expert knowledge to act as an 
assessor in an advisory capacity in any case where it appears to that Tribunal that such 
knowledge is required for the proper determination of the case. 
76 Time for appeals 
(1) Appeals under this Part, whether from decisions of the Registrar or orders or decisions 
of the Patents Tribunal, shall be brought within three months after the date of the decision or 
order in question or within such further time as the Patents Tribunal or Supreme Court to 
which the appeal is brought may allow upon application by the appellant concerned. IP/NIl/ZWE/P/l 
Page 54 
(2) The powers of the Registrar as to extensions of time under subsection (2) of section 
fifty-nine shall not apply in relation to times for bringing appeals under this Part. 
77 Rules 
The Minister may make rules for regulating generally the practice and procedure of the 
Patents Tribunal under this Act and with respect to appeals or references to that Tribunal 
under this Act as to-
Ca) the time within which any requirement of the rules is to be complied with; 
(b) the costs and expenses of and incidental to any proceedings before that Tribunal; 
(c) the fees to be charged in respect of proceedings before that Tribunal; 
(d) the fees to be paid to assessors; 
and in particular may make rules providing for the summary determination of any appeal 
which appears to the Patents Tribunal to be frivolous or vexatious or to be brought for the 
purpose of delay. 
78 References to Patents Tribunal by Registrar 
(1) When any matter to be decided by the Registrar under this Act appears to him to 
involve a point oflaw or to be of unusual importance or complexity, he may, after giving 
notice to the parties, refer such matter to the Patents Tribunal for a decision and shall 
thereafter, in relation to such matter, act in accordance with the decision of that Tribunal or 
any decision substituted therefor on appeal to the Supreme Court. 
(2) Where any matter has been referred to the Patents Tribunal in terms of subsection (1), 
Registrar and the parties shall be entitled to be heard by the Patents Tribunal before any 
decision is made in such matter and may appear or be represented in accordance vv'ith section 
seventy-two. 
PART XI 
INTERNATIONAL ARRANGEMENTS (sections 79-83) 
79 Convention countries 
The President may, with a view to the fulfilment of the requirements of any treaty, 
convention, arrangement or engagement to which Zimbabwe is a party, by proclamation in a 
statutory instrument, declare any country or territory to be a Convention country for the 
purposes of this Act. 
80 Supplementary provisions as to Convention applications 
(1) Subject to section six-
(a) any person who has applied for protection for an invention in a Convention country 
or his legal representative or assignee, if the assignee is also so qualified, shall be 
entitled to a patent for his invention under this Act, in priority to other applicants if 
application therefor is made within twelve months after the effective date of the first 
application for protection in the first Convention country in which he made such 
application or where more than one such application for protection has been made, 
from the effective date of the first such application; and IP/N/l/ZWE/PIl 
Page 55 
(b) the patent referred to in paragraph Ca) shall have the same date as the effective date 
of the application in such Convention country but the term of the patent shall run 
from the date on which the complete specification is lodged at the Patent Office: 
Provided'that nothing in this subsection shall entitle the patentee to recover damages for 
infringements occurring prior to the date on which his complete specification is advertised as 
having been accepted in Zimbabwe. 
(2) Where, after the lodging of the first application in the first Convention country in 
respect of any invention, a subsequent application is lodged in that country in respect of the 
same matter, such subsequent application shall be regarded as the first application in that 
country in respect of that invention if, at the time of the lodging thereof-
(a) the previous application has been withdrawn, abandoned or refused without having 
been open to public inspection; and 
(b) no priority rights have been claimed by virtue of such previous application; and 
(c) no rights are outstanding in that Convention country in connection with such 
previous application, 
(3) An application which has been withdrawn, abandoned or refused shall not, after the 
lodging of the subsequent application, be capable of supporting a claim for priority rights 
under this section. 
(4) Where all the rights of each of two or more applicants referred to in subsection (1) 
who have made application for protection of inventions in anyone or more Convention 
countries have become vested in the same person, those applications shall, for the purposes 
of subsection (4) of section eight, be deemed to have been made by the same applicant. 
(5) Where an applicant referred to in subsection (1) has applied for protection for any 
invention by an application which, in accordance with the law of any Convention country, is 
equivalent to an application duly made in that Convention country, he shall be deemed, for 
the purposes of this section, to have applied in that Convention country. 
(6) In determining, for the purposes of this Act, whether an invention described or 
claimed in a specification lodged in the Patent Office is the same as that for which protection 
has been applied for in a Convention country, regard shall be had to the disclosure contained 
in the whole of the documents put forward at the same time as and in support of the 
application in the Convention country, being documents of which copies have been lodged at 
the Patent Office within such time and such manner as may be prescribed. 
(7) A patent granted in Zimbabwe for an invention upon an application referred to in this 
section shall not be invalidated by reason only of-
Ca) the invention having been knowl1 or used or published in Zimbabwe or elsewhere on 
or after the effective date of the application in the Convention country in which 
application was first made; or 
(b) the granting in Zimbabwe, after the effective date of the application in the 
Convention country, of a patent to another person for the same invention: IPiNIlIZWEiP/l 
Page 56 
(i) 
(ii) Provided that-
the effective date of the patent of such other person shall not be prior to 
effective date in Zimbabwe of the Convention application; 
the Convention patentee shall be entitled to have the patent of such other person 
revoked upon due application under and compliance with the provisions of 
section forty-five. 
(8) An application for a patent referred to in this section shall be made in the manner 
specified in section seven, save that the application shall be accompanied by a complete 
specification. 
81 Special provisions as to vessels, aircraft and land vehicles 
(1) Where a vessel or aircraft registered in a Convention country or a land vehicle owned 
by a person ordinarily resident in such a country comes into Zimbabwe temporarily or 
accidentally only, the rights conferred by a patent for an invention shall not be deemed to be 
infringed by the use of the invention-
(a) in the body of the vessel or in machinery, tackle, apparatus or other accessories 
thereof, so far as the invention is used on board the vessel and for its actual needs 
only; or 
(b) in the construction or working of the aircraft or land vehicle or of the accessories 
thereof; 
as the case may be. 
(2) Subsection (1) shall not affect section 17 of the Aviation Act [Chapter 13 :03]. 
82 Protocol on Patents and Industrial Designs 
(1) Subject to this section, the Protocol set out in the Schedule, which was contracted 
within the framework of the African Regional Industrial Property Organization, shall have 
the force of law within Zimbabwe. 
(2) Any patent, in respect of which Zimbabwe is a designated State, granted to an 
applicant by the African Regional Industrial Property Organization in accordance with the 
provisions of the Protocol set out in the Schedule shall, mutatis mutandis, have the same 
effect in Zimbabwe as a patent granted under this Act subject to such exceptions, additions, 
adaptations and modifications as may be necessary to implement the Protocol. 
(3) A patent granted under the Protocol set oilt in the Schedule, shall, mutatis mutandis, 
have such protection where applicable, as is afforded under this Act to a patent granted in 
fulfilment of any international agreement in respect of a Convention country under section 
80. 
83 Protection of inventions communicated under international agreements 
(1) Subj ect to this section, regulations in terms of section ninety-five may provide for 
securing that, where an invention has been communicated in accordance with an agreement 
or arrangement made between the Government of Zimbabwe and the government of any 
other country for the supply or mutual exchange of information or articles-IP/NI 1 IZWE/PI 1 
Page 57 
(a) an application for a patent for an invention so communicated made by a person, his 
legal representative or assignee, entitled under section six to make such application, 
shall not be prejudiced, and a patent granted on such an application shall not be 
invalidated by reason only that the invention has been communicated as aforesaid or 
that in consequence thereof-
(i) the invention has been published, made, used, exercised or vended; or 
(ii) an application for a patent has been made by any other person or a patent has 
been granted on such an application; 
(b) any application for a patent made in consequence of such a communication as 
aforesaid by a person who is not entitled so to do under section six may be refused 
and any patent granted on such an application may be revoked. 
(2) Regulations referred to in subsection (1 ) may provide that the publication, making, 
use, exercise or vending of an invention or the making of any application for a patent in 
respect thereof shall, in such circumstances and subject to such conditions or exceptions as 
may be prescribed by the regulations, be presumed to have been in consequence of such a 
communication as is mentioned in that subsection. 
(3) The powers of the Minister under this section, so far as they are exercisable for the 
benefit of persons from whom inventions have been communicated to the Government of 
Zimbabwe by the government of any other country, shall only be exercised if and to the 
extent that the Minister is satisfied that substantially equivalent provision has been or will be 
made under the law of that country for the benefit of persons whose inventions have been 
communicated by the Government of Zimbabwe to the government of that country. 
(4) References in subsection (3) to the communication of an invention to or by the 
Government of Zimbabwe or the government of any other country shall be construed as 
including references to the communication of the invention by or to any person authorized in 
that behalf by the government in question. 
PARTxn 
OFFENCES AND PENALTIES (sections 84-90) 
84 Falsification of certain documents 
Any person who-
(a) makes or causes to be made a false entry in the Register, knowing the entry to be 
false; or 
(b) makes or causes to be made, or produces or tenders or causes to be produced or 
tendered in evidence, any writing falsely purporting to be a copy of an entry in the 
Register, knowing the writing to be false; shall be guilty of an offence. 
85 Deceiving or influencing Registrar or other officer 
(1) Any person who-
(a) for the purpose of deceiving the Registrar, an examiner or any other officer of the 
Patent Office in the execution of this Act; or IP/N/1/ZWE/P/l 
Page 58 
(b) for the purpose of procuring or influencing the doing or omission of anything in 
relation to this Act or the repealed legislation or any matter thereunder;makes or 
submits a false statement or representation, whether orally or in writing, knowing 
the same to be false, shall be guilty of an offence. 
(2) Any person who, having innocently made a false statement or representation, whether 
orally or in writing, for the purpose of procuring or influencing the doing or omission of 
anything in relation to this Act or the repealed legislation or any matter thereunder and who, 
on becoming aware that such statement or representation was false, fails to advise the 
Registrar forthwith of such falsity, shall be guilty of an offence. 
86 Witness giving false evidence 
Any person who, after having been sworn or having in lieu thereof made an affirmation or 
declaration, wilfully gives false evidence before the Registrar or the Patents Tribunal 
concerning the subject-matter of the proceeding in question, knowing such evidence to be 
false or not knowing or believing it to be true, shall be guilty of an offence. 
87 Prohibition on trafficking in patents by officers 
(1) Any officer of the Patent Office who buys, sells, acquires or trafficks in any invention 
or patent or any right under a patent shaH be guilty of an offence. 
(2) Every purchase, sale or acquisition and every assignment of any invention or patent 
by or to any officer of the Patent Office shall be null and void. 
(3) Nothing in this section contained shall apply to the inventor or to any acquisition by 
bequest or devolution in law. 
88 Unauthorized claim of patent right 
(1) If any person falsely and without reasonable cause, the proofwhereoflies on him, 
represents that-
(a) any article sold by him is a patented article; or 
(b) an application has been made for a patent in respect of any article sold by him; 
he shaH be guilty of an offence. 
(2) For the purposes of subsection (1), a person who sells an article having stamped, 
engraved or embossed thereon or otherwise applied thereto-
(a) the word 'patent' or 'patented' or any Zimbabwe patent number or any other word 
expressing or implying that the article is patented, shall be deemed to represent that 
the article is a patented article; 
(b) the words 'patent applied for' or 'patent pending' or any other words expressing 
or implying that a patent has been applied for, shall be deemed to represent that an 
application has been made for a patent in respect of that article. 
89 Unauthorized use of certain words 
If any person, other than a person appointed in terms of section three, uses on his place of 
business or on any document issued by him or otherwise the words 'Patent Office' or any 
other words suggesting that his place of business is, or is officially connected with the Patent 
Office, he shall be guilty of an offence. 90 Penalties fP/NIlIZWE/P/l 
Page 59 
Save as otherwise specifically provided elsewhere in this Act, any person who is guilty of 
an offence under this Act shall be liable to a fine not exceeding five thousand dollars or to 
imprisonment for a period not exceeding five years or to both such fine and such 
imprisonment. 
PARTXIU 
GENERAL (sections 91-97) 
91 Lodging and authentication of documents 
(1) Any application, notice or document authorized or required under this Act to be 
lodged, made or given at the Patent Office or to the Registrar or any other person, may be 
delivered by hand or sent by registered post. 
(2) No authentication shall be required in respect of any document lodged in the Patent 
Office under the provisions of this Act and used in proceedings before the Registrar or the 
Patents 
92 Expenses of administration 
All moneys necessary for the administration of this Act shall be paid out of moneys 
appropriated for the purpose by Act of Parliament. 
93 Provisions as to fees 
(1) Where, under this Act, a fee is payable-
(a) in respect ofthe performance of any act by the Registrar, the Registrar shall not 
perform that act until the fee has been paid; or 
(b) in respect of the doing of any act by any person other than the Registrar, the act shall 
be deemed not to have been done until the fee has been paid; or 
(c) in respect of the lodging of a document, the document shall be deemed not to have 
been lodged until the fee has been paid. 
(2) All fees shall be paid at the Patent Office in such manner as the Registrar, with the 
approval of the Minister, may accept. 
94 Saving for certain forfeitures 
Nothing in this Act shall affect the right of the State or of any person deriving title directly 
or indirectly from the State to sell or use articles forfeited to the State under the provisions of 
any enactment. 
95 Patent and Trade Marks Journal 
(1) The Controller shall publish a journal, to be called the Patent and Trade Marks 
Journal, containing particulars of applications for patents and other proceedings or matters 
arising under this Act, together with such reports of cases and other relevant matters as the 
Minister may deem fit 
(2) The Controller shall make provision for selling copies of the Journal at such price and 
in such manner as the Minister may direct. IP/NIlIZWE/P/l 
Page 60 
96 Power to make regulations 
(1) The Minister may make regulations prescribing anything which under this Act is to be 
prescribed and generally for the better carrying out of the objects and purposes of this Act or 
to give force or effect to its provisions or for its better administration. 
(2) Regulations made by the Minister may provide for-
(a) the form of applications for patents and of any specifications, drawings or other 
documents which may be lodged at the Patent Office, and the furnishing of copies of 
any such documents; 
(b) the procedure to be followed in connection with any application or request to the 
Registrar or any proceedings before him, and the authorizing of the rectification of 
irregularities of procedure; 
(c) the number of times any advertisement or notice which is required by this Act to be 
given in the Journal shall be so given; 
(d) the service of notices and other documents required to be served in connection with 
proceedings under this Act; 
(e) the qualifications for eligibility to enter into articles with a patent agent and matters 
relating to such articles or service thereunder; 
(j) examinations for the qualifications of patent agents in terms of this Act, the 
recognition for such purpose of qualifications obtained either in or outside 
Zimbabwe, and the fees to be paid in connection with the registration of patent 
agents; 
(g) the conduct of the business of the Patent Office; 
(h) other fees payable under this Act and fees which may be charged in relation to the 
conduct of patent business by patent agents and legal practitioners performing the 
functions of patent agents; 
(i) authorizing the publication and the sale of copies of specifications, drawings and 
other documents in the Patent Office and of indexes to and abridgements of such 
documents; 
(j) the professional conduct of patent agents. 
97 Savings 
Notwithstanding the repeal of the Patents Act, 1957 (No. 13 of 1957)­
(a) any-
(i) patent which was granted or direction which was made or registered before the 
appointed day under a law in force in Zimbabwe; or 
(ii) licence which was granted before the appointed day under the repealed 
legislation; 
and which was in force in Zimbabwe immediately before the appointed day shall 
continue to have force and effect in terms of this Act and this Act shall apply thereto as 
though it had been granted, registered or made under the corresponding provision of this Act; IPlN/lIZWE/PIl 
Page 61 
(b) section 29 of the Patents Act, 1957 (No. 13 of 1957) shall continue to apply, mutatis 
mutandis, in respect of any patent granted under the Patents Act [Chapter 222 oj 
1939]. 
SCHEDULE (Section 82) 
PROTOCOL 
on Patents and Industrial Designs Within the Framework of the African Regional Industrial 
Property Organization (ARIPO) 
Preamble 
The Contracting States of this Protocol: 
Having regard to the Agreement on the Creation of an African Regional Industrial Property 
Organization (ARIPO), concluded in Lusaka (Zambia) on December 9, 1976, and in 
particular to its Article III(e), in accordance with which the objectives of the Organization 
include the establishment of such common services or organs as may be necessary or 
desirable for the co-ordination, harmonization and development of the industrial property 
activities affecting its members. 
Considering the advantages to be gained by the pooling of resources in respect of industrial 
property administration: 
Hereby agree as follows: 
SECTION 1 
General 
The African Regional Industrial Property Organization (ARIPO) is empowered to grant 
patents and to register industrial designs and to administer such patents and industrial designs 
on behalf of the Contracting States in accordance with the provisions of this Protocol, 
through its Secretariat (hereinafter referred to as 'the Office'). 
SECTION 2 
Filing and Transmittal of Applications 
(1) Applications for the grant of patents or the registration of industrial designs by the 
Office shall be filed by the authorized representative of the applicant or by the applicant with 
the industrial property office of a Contracting State. An applicant may be represented by an 
attorney, agent or legal practitioner who has the right to represent applicants before the 
industrial property office of the Contracting State with which the application is filed and, 
where the applicant's ordinary residence or principal place of business is outside the country, 
he shall be so represented. 
(2) The industrial property office with which the application is filed shall, without delay, 
transmit that application to the Office. IP/N/l IZWE/PI 1 
Page 62 
(1) A patent application shall-
(i) identify the applicant; SECTION 3 
Patents 
(ii) contain, as prescribed, a description of the invention, a claim or claims, a 
drawing or drawings, where necessary, and an abstract; 
(iii) designate the Contracting States for which the patent is requested to be granted; 
(iv) be subject to the payment of the prescribed fees. 
(2) (a) The Office shall examine whether the formal requirements for applications have 
been complied with and shall accord the appropriate filing date to the application. 
(b) If the Office finds that the application does not comply with the formal requirements, it 
shall notify the applicant accordingly, inviting him to comply with the requirements within 
the prescribed period. If the applicant does not comply with the requirements within the said 
period, the Office shall refuse the application. 
(c) The Office shall notify each designated State of the fact that a patent application has 
been filed which complies with the prescribed formal requirements. 
(3) The Office shall undertake, or arrange for, the substantive examination ofthe patent 
application. If it finds that the invention claimed in the application does not comply with the 
requirements of patentability referred to in subsection (9), it shall refuse the application. 
(4) Where under subsection (2) (b) or (3) the Office refuses the application, the applicant 
may, within the prescribed period, request the Office to reconsider the matter. 
(5) If the Office decides to grant the patent, it shall notify the applicant and each 
designated State. Where the examination was based on a search report or an examination 
report, a copy of the same shall be attached to the said notification. 
(6) Before the expiration of six months from the date of the notification referred to in 
subsection (5), a designated State may make a written communication to the Office that, if a 
patent is granted by the Office, that patent shall have no effect in its territory for the reason-
0) that the invention is not patentable accordance the provisions of this Protocol; or 
(ii) that, because of the nature of the invention, a patent cannot be registered or granted 
or has no effect under the national law of that State. 
(7) After the expiration of the said six months. the Office shall grant the patent, which 
shall have effect in those designated States which have not made the communication referred 
to in subsection (6). The Office shall publish the patent granted. 
(8) If the Office refuses the application notwithstanding a request for reconsideration 
under subsection (4), the applicant may, within three months from being notified of such 
refusal, request that his application be treated, in any designated State, as an application 
according to the national law of that State. IP/NI1/ZWE/PIl 
Page 63 
(9) Inventions for which patents are granted by the Office shall be new, shall involve an 
inventive step and shall be industrially applicable. An invention is new if it is not anticipated 
by prior art. Everything made available to the public anywhere in the world by means of 
written disclosure (including drawings and other illustrations) or by use or exhibition shall be 
considered prior art provided that such making available occurred before the date of filing of 
the application or, if priority is claimed, before the priority date validly claimed in respect 
thereof and further provided that a disclosure of the invention at an official or officially 
recognized exhibition shall not be taken into consideration if it occurred not more than six 
months before the date of filing of the application or, if priority is claimed, before the priority 
date validity claimed in respect thereof. 
(10) On each anniversary of the filing of the application, the Office shall collect the 
prescribed annual maintenance fee, part of which shall be distributed among the designated 
States concerned. The amount of the fee shall depend on the number of States in respect of 
which the application or patent is maintained. Provided it is maintained, a patent granted by 
the Office shall in each designated State have the same effect as a patent registered, granted 
or otherwise having effect under the applicable national law but not beyond the maximum 
duration provided for under the said law. 
(11) A patent granted by the Office shall in each designated State be subject to provisions 
of the applicable national law on compulsory licences, forfeiture or the use of patented 
inventions in the public interest. 
SECTION 4 
Industrial Designs 
(1) An application for the registration of an industrial design filed shall-
(i) identify the applicant; 
(ii) contain a reproduction of the industrial design; 
(i1i) designate the Contracting States for which the registration is requested to have 
effect; 
(iv) be subject to the payment ofthe prescribed fees. 
(2) (a) The Office shall examine whether the formal requirements for applications have 
been complied with and shall accord the appropriate filing date to the application. 
(b) If the Office finds that the application does not comply with the formal requirements, it 
shall notify the applicant accordingly, inviting him to comply with the requirements within 
the prescribed period. If the applicant does not comply with the requirements within the said 
period, the Office shall refuse the application. 
(e) The Office shall notify each designated State of the fact that an application for the 
registration of an industrial design has been filed which complies with the prescribed formal 
requirements. IP/N/l/ZWE/PI1 
Page 64 
(3) Before the expiration of six months from the date of the notification referred to in 
subsection (2) (c), each designated State may make a written communication to the Office 
that, if the industrial design is registered by the Office, that registration shall have no effect in 
its territory for the reason-
(i) that the industrial design is not new; 
(ii) that, because of the nature of the industrial design, it cannot be registered or a 
registration has no effect under the national law of that State; or 
(iii) that, the case of a textile design, it is the subject of a special register. 
(4) After the expiration of the said six months, the Office shall effect the registration of 
the industrial design, which shall have effect in those designated States which have not made 
the communication referred to in subsection (3). The Office shall publish the registration. 
(5) If the Office refuses the applicatjon, the applicant may, within three months from 
being notified of such refusal, request that his application be treated, in any designated State, 
as an application according to the national law of that State. 
(6) On each anniversary of the filing of the application, the Office shall collect the 
prescribed annual maintenance fee, part of which shall be distributed among the designated 
States concerned. The amount of the fee shall depend on the number of States in respect of 
which the application or registration is maintained. Provided it is maintained, the registration 
of an industrial design effected by the Office shall in each designated State have the same 
effect as a registration effected or otherwise in force under the applicable national law but not 
beyond the maximum duration provided for under the said law. 
(7) An industrial design registered by the Office shall in each designated State be subject 
to the provisions of the applicable national law on compulsory licences or the use of 
registered industrial designs in the public interest. 
SECTIONS 
Regulations 
(1) The Administrative Council of ARlPO shall make Regulations for the implementation 
of this Protocol and may amend them, where necessary. 
(2) The Regulations shall in particular relate to-
(i) any administrative requirements, matters of procedure, or any details necessary for 
the implementation of the provisions of this Protocol and any relevant international 
treaties; 
(ii) the fees to be charged by the Office and the details of the distribution of part of 
those Contracting States. SECTION () 
Entry Into Force and Final Provisions lP/NI lIZWE/P 11 
Page 65 
(l)(a) Any State which is a member of the Organization or any State to which membership 
of the Organization is open in accordance with Article IV (1) of the Agreement on the 
Creation of the African Regional Industrial Property Organization may become party to this 
Protocol by-
(i) signature followed by the deposit of an instrument of ratification; or 
(ii) deposit of an instrument of accession. 
(b) Instruments of ratification or accession shall be deposited with the Government of the 
Republic of Zimbabwe. 
(c) This Protocol shall enter into force three months after three States have deposited their 
instruments of ratification or accession. 
(d) Any State which is not party to this Protocol upon its entry into force under subsection 
(1) ( c) of this Section shall become bound by this Protocol three months after the date on 
which such State deposits its instrument of ratification or accession. 
(2) (a) Ratification of, or accession to, this Protocol shall entail acceptance of the 
Agreement on the Creation of the African Regional Industrial Property Organization. 
(b) The deposit of an instrument of ratification of, or accession to, this Protocol by a State 
which is not a party to the Agreement referred to in paragraph (a) of this subsection shall 
have the effect that the said State shall become party to the said Agreement on the date on 
which it deposits its instrument of ratification of, or accession to, this Protocol. 
(3) (a) Any Contracting State may denounce this Protocol by notification addressed to the 
Government of the Republic of Zimbabwe. 
(b) Denunciation shall take effect six months after receipt of the said notification by the 
Government of the Republic of Zimbabwe. It shall not affect any patent application or 
application for the registration of an industrial design filed with the Office prior to the 
expiration of the said six-month period or any patent granted or registration of an industrial 
design affected upon such an application. 
(4) (a) This Protocol shall be signed in a single copy and shall be deposited with the 
Government ofthe Republic of Zimbabwe. 
(b) The Government of the Republic of Zimbabwe shall transmit certified copies of this 
Protocol to the Contracting States, other States members of the African Regional Industrial 
Property Organization, and the States to which membership of the Organization is open in 
accordance with Article IV (1) of the Agreement on the Creation of the African Regional 
Industrial Property Organization, the World Intellectual Property Organization and the 
United Nations Economic Commission for Africa. IP/NI1 IZWE/PIl 
Page 66 
PATENTS AMENDl'¥IENT BILL, 2001 
MEMORANDUM 
This Bill will amend the Patents Act [Chapter 26:03] to give effect to Zimbabwe's 
international obligations under the Agreement on Trade-Related Aspects ofIntellectual Property 
Rights of 1994 (the "TRIPS Agreement") and the Patent Co-operation Treaty of 1970. In 
addition the Bill will make other relatively minor amendments to update the Act. 
In more detail the individual clauses the Bill provide as follows: 
Clause 1 
This clause sets out the Bill's short title. 
Clause 2 
Section 2 of the Patents Act contains definitions of terms that are used throughout the Act. 
This clause win repeal the definition of "Court" because the Schedule to the Bill will replace 
that word with the more specific "High Court" wherever it appears in the Act. The definition of 
"Patents Tribunal" will be repealed because that tribunal will be superseded by the new 
Intellectual Property Tribunal that is set up under the Intellectual Property Tribunal ACt 
[Chapter26:08]. 
Clause 3 
Under the Patents Act at present, a patent may be granted for any invention (i.e. a new and 
useful art or process, machine, product or composition which is not obvious and which is 
capable of being used in trade or industry), with certain exceptions set out in section f3 of the 
Act. The new section 2A which this clause will insert in the Act will prohibit the gra1'l.y"of 
patents for inventions for medical and veterinary methods of treatment, or for plants and 
animals, or for biological processes for producing plants or animals. These exceptions are 
permitted by article 27.3 of the TRIPS Agreement. 
Clause 4 
This clause will amend section 9 so as to require the inclusion of an abstract as part of the 
specification. The abstract shall be not more than two hundred words and may contain drawings. 
Clause 5 
Section 13 of the Patents Act sets out grounds on which a registrar of patents may refu~ ~ 
application for a patent. This clause will amend the section, firstly to refer back to the new 
section 2A which clause 3 will insert in the Act and, secondly, to bring the section into line with 
the requirements of the TRIPS Agreement Under article 27.2 of that agreement, an application 
for a patent cannot be refused merely because exploitation of the invention concerned IS 
prohibited by Zimbabwean law; the invention must endanger public order or morality. Page 67 
Clause 6 
Section 24(4) of the Patents Act gives a patentee (i.e. the holder of a patent) the right to use, 
exercise and sell the invention concerned while the patent subsists. The new subsection which 
this clause will substitute for section 24(4) will give a patentee additional rights referred to in 
article 28.1 of the TRIPS Agreement, namely the right to make, use, offer for sale or import the 
invention. 
Clause 7 
This clause will anow the importation into Zimbabwe of a patented product that has been put 
on the market in another country without the consent of the patentee if the cost of importing 
such a product is cheaper than purchasing from the patentee. 
Clause 8 
Under section 25 of the Patents Act, the duration of a patent is 20 years from the date on 
which the complete specification was lodged under the Act. This clause will alter the duration 
to 20 years from the date on which the application for the patent was lodged at the Patent 
Office, and will bring the Act into line with article 33 of the TRIPS Agreement. 
Clause 9 
Section 31 of the Patents Act provides for compulsory licences to be granted by the Tribunal 
allowing the licensees to make use of patented inventions that have not been worked 
commercially by their patentees. These licences are exclusive, that is to say, they prevent 
anyone else, including the patentees, from making use of the inventions concerned. Under 
article 31(d) of the TRIPS Agreement, however, compulsory licences must not be exclusive; 
furthermore, under article 31(t) of the Agreement their principal aim must be to satisfy the local 
market. This clause will therefore amend section 31 of the Act to omit all mention of 
exclusivity and to state that compulsory licences must be directed primarily at satisfying the 
Zimbabwean market. 
Clause 10 
Section 32 of the Patents Act requires the Tribunal to grant licences to use patented 
inventions relating to food, medicines and medical devices. Under article 31 (t) of the TRIPS 
Agreement, as already indicated, such licences must be aimed primarily at satisfying the local 
market; this clause will amend the section accordingly, and will also incorporate several of the 
provisions applicable to compUlsory licences granted under section 31 of the Act. 
Clause 11 
Section 34(2) and (3) of the Patents Act permits the State and statutory bodies in certain 
circumstances to make use of patented inventions free of royalty. This is contrary to article 
31(h) of the TRIPS Agreement, so paragraph (a) of this clause win bring the section into line 
with the Agreement. The conditions under which a patented invention may be used under the 
section will be subject to agreement between the Minister and the patentee. fP/NilIZWE/P/] 
Page 68 
The effect of paragraph (b) of the clause will be to require the Minister to notify the patentee 
of any use ofa patented invention under section 34 of the Patents Act; this will bring the 
section into line with article 31 (b) of the TRlPS Agreement. 
Paragraph (c) of the clause will repeal subsection (6) of section 34 of the Patents Act which 
allows the State to use patented inventions to supply foreign states. Article 31 (f) of the TRlPS 
Agreement requires any compulsory use of a patented invention to satisfy the local needs rather 
than foreign needs. 
Clause 12 
Section 35 of the Patents Act permits use of a patented invention by the State during a period 
of emergency, which is defined as any period specified by the Minister. This clause will amend 
the definition of "period of emergency" to make it objective: that is, to cover any period while 
Zimbabwe is at war, or a period of public emergency under the Constitution, or a period of 
emergency that threatens the community. 
Clauses 13 and 14 
Under Part VI of the Patents Act, only the High Court has power to deal with actions for 
infringements of patents. These clauses will amend the provisions of that Part to give the 
Intellectual Property Tribunal and magistrates courts power to hear such actions. 
Clause 14 will also insert a new subsection in section 48 of the Patents Act to comply with 
article 34.1 of the TRlPS Agreement. The effect of the new subsection is that if it is proved that 
a defendant produced a product identical to one produced from a patented invention, he wiil 
have to show that he did not use the patented invention to produce the product. 
Clause 15 
The new section 48A which this clause will insert in the Patents Act will give the Intellectual 
Property Tribunal and a court power to issue what are known as "Anton Piller" orders, that is, 
orders granted without notice for the purpose of preventing the destruction or hiding of evidence 
to defeat a plaintiffs claim. Such a provision is necessary to comply with article 50.2 of the 
TRlPS Agreement. 
Clause 16 
As stated earlier, the Patents Tribunal will be replaced by the Intellectual Property Tribunal, 
which will have more extensive powers and will be established under the Intellectual Property 
Tribunal Act, 2001. This clause will therefore replace Part X of the Patents Act, which deals 
with appeals to the Patents Tribunal and sets out its functions and powers. The new Part will 
provide for appeals and references under the Act to go to the Intellectual Property Tribunal. IPlN/i 
Page 69 
Clause 17 
The new section 82A which this clause will insert in the Patents Act will give effect to 
Zimbabwe's obligations under the Patent Co-operation Treaty of 1970 and deals in particular 
with the processing of international applications filed under that Treaty. The Patent Office will 
be given the necessary authority to carry out an the functions of a receiving Office, designated 
Office and elected Office under the Treaty. Under subsection Cl 0) of the new section the 
Minister will be obliged to publish a statutory instrument in the Gazette setting out the tenns of 
the Treaty and any regulations made under it 
Clause 18 
Section 96 of the Patents Act gives the Minister power to make regulations and lists specific 
matters for which he can make them. This clause will add two new such matters: he will be 
able to make regulations setting up an infonnation service to be provided by the Patent Office, 
and regulations giving effect to international treaties and agreements relating to patents. 
Clause 19 
Section 97 of the Patents Act preserves patents that were granted before 1972 under earlier 
legislation in force in this country. Since patents expire after 20 years an these old patents have 
expired and the section no longer serves a useful purpose. This clause will therefore repeal it. 
Clause 20 and the Schedule 
This clause, as read with the Schedule to the Bill, will make minor and consequential 
amendments to the Patents Act. IP/NIlIZWE/P/l 
Page 70 
To amend the Patents Act [Chapter 26:03]. BILL Fifth draft: 23rd July, 200 l. 
Fourth draft 2nd April, 2001. 
Third draft: 6th February, 200l. 
Second draft: 13th September, 1999 
First draft: 19th July, 1999 
ENACTED by the President and the Parliament of Zimbabwe. 
1 Short title and date of commencement 
This Act may be cited as the Patents Amendment Act, 2001. 
2 Amendment of section 2 of Cap_ 26:03 
Section 2 of the Patents Act [Chapter 26:03J (hereinafter called "the principal Act") is 
amended in subsection (1)-
(a) by the repeal ofthe definitions of "Court" and "Patents Tribunal"; 
(b) by the insertion of the following definition-
""Tribunal" means the Inte1lectual Property Tribunal established by section 3 of the 
Intellectual Property Tribunal Act [Chapter 26:06].". 
3 New section inserted in Part I of Cap. 26:03 
Part I of the principal Act is amended by the insertion after section 2 of the following 
section-
2A Inventions for which patent may not be granted 
HA patent shall not be granted under this Act for-IZ\VE/P/l 
Page 71 
(a) diagnostic, therapeutic or surgical methods for the treatment of human beings 
or animals; or 
(b) plants and animals, other than micro-organisms; or 
(c) . essentially biological processes for the production of plants or animals, other 
than microbiological processes.". 
4 Amendment of section 9 of Cap 26;03 
Section 9 of the principal Act is amended in subsection 0) by the insertion after paragraph 
(b) of the following paragraph-
(C) contain an abstract of not more than two hundred words and drawings, if any. 
5 Amendment of section 13 of Cap. 26:03 
Section 13 of the principal Act is amended­
(a) in subsection (l}-
(i) by the deletion of "If it appears" and the substitution of "Subject to subsection 
(2a), if it appears"; 
(ii) by the repeal of paragraph (b) and the substitution of the fonowing 
paragraphs-
"Cb) the patent applied for cannot be granted by virtue of section two A: or 
(bl) the use of the invention in respect of which the application is made 
would be generally expected-
(i) to endanger public order or public safety; o;r 
(ii) to encourage offensive, immoral or anti-social behaviour; 
(ili) to endanger human, animal or plant 1ife or health; 
(iv) to promote serious prejudice to the environment; or 
or"; 
(b) by the repeal of subsection (2) and the substitution of the following-
"(2) An application shall not be refused in terms of subsection (l) or (2) merely 
because exploitation of the invention concerned would be contrary to the law of 
Zimbabwe.", 
6 Amendment of section 24 of Cap_ 26:03 
Section 24 of the principal Act is amended by the repeal of subsection (4) and the insertion 
of the following subsections-
"(4) The effect of a patent shall be to grant the patentee, subject to this Act and the 
conditions of the patent, full power, sole privilege and authority by himself, his agents and 
licensees during the term of the patent-
(a) where the invention is a machine, manufacture or composition of matier-
(i) to make, use, offer for sale or sell that machine, manufacture or 
composition of matter within Zimbabwe; and IPIN/1/ZWE/P/l 
Page 72 
(ii) to import that machine, manufacture or composltlOn of matter into 
Zimbabwe for the purpose of making it, using it, offering it for sale or 
selling it; 
(b) where the invention is an art or process-
(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 proc~ 
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. 
(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 by any law of Zimbabwe 
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 authonsed person.". 
7 New section inserted in Cap. 26:03 
The principal Act is amended by the insertion after section 24 of the following section-
24A(I) 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. 
(2) Test batches of a patented product may be produced '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. 
(3) Where test batches of a patented product have been produced in terms of subsection 
(2), the patent period of the original product shall not be extended. 
8 New section substituted for section 25 of Cap. 26:03 
Section 25 of the principal Act is repealed and the following is substituted-
25 Term of patent 
"Subject to this Act, the term 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 
Cb) of subsection (1) of section seven.". 
9 Amendment of section 31 of Cap. 26:03 
Section 31 of the principal Act is amended-
(a) by the insertion in subsection (1) after the word "terms" of the words "within a period 
of six months from the initial request for a voluntary licence" 
(b) by the insertion after subsection (6) of-IZWE/PIl 
Page 73 
"6A In the event of a practice determined after judicial or administrative process to be anti­
competitive, the requirements contained in subsection (l) that the interested person shows that 
he has been unable to obtain a licence shall not apply." 
(c) by the repeal of subsections (8), (9) and (10) and the substitution of-
"(8) The terms of a licence ordered to be granted under subsection (7) shall 
be so framed as-
(a) to authorise the working of the invention primarily to satisfy the market 
in Zimbabwe, except in the case of a determination of anti-competitive 
practices, in which case no such restriction shall apply; and 
(b) to secure to the patentee the maximum royalty compatible with the 
successful working of the invention within Zimbabwe on a commercial 
scale and at a reasonable profit; and 
(c) to guarantee to the patentee a minimum yearly sum by way of royalty, if 
and so far as it is reasonable to do so; and 
(d) to be based 00 product-specific research and development costs, taking 
into account the domestic market share of the total world market: 
Provided that paragraph (b) shall not be construed as to exclude 
the need to correct anti-competitive practices which may be taken into account in determining 
the amount of remuneration in such cases. 
(9) In addition to any other terms of a licence ordered to be granted under 
subsection (7), the licence shall be revocable at the discretion of the Tribunal if-
(a) the circumstances that led to its grant cease to exist and are unlikely to 
recur; or 
(b) the licensee fails tc-
(i) work the invention within the time specified in the order; or 
Oi) expend the amount specified in the licence as being the amount 
which he is able and willing to provide for the purpose of working 
the invention on a commercial scale within Zimbabwe; or 
(iii) pay the patentee the royalties payable in terms of the licence."; 
(d) in subsection (11) by the deletion of "an exclusive licence is to be granted" and the 
substitution of "a licence is to be granted under subsection (7)"; 
(e) by the repeal of subsection (12); 
(t) in subsection (15) by the deletion of "Except in the case of a licence to be granted 
under subsection (8), no" and the substitution of "No". 
10 Amendment of section 32 of Ca.p. 26:03 
Section 32 ,of the principal Act is amended-
(a) in paragraph Cc) of subsection (1) by the insertion after the words "curative device" of 
"or in the protection of the environment; 
Cb) by the insertion after paragraph (c) of subsection (1) of the following paragraph-IP/NI1IZWE/P/l 
Page 74 
(c) any invention capable of substantially improving the technological, social, and 
economic development of the country,", 
(d) by the insertion after subsection (1) of the fonowing subsection-
"(1 a) Subject to subsections (2) and (3), the terms of a licence under this 
section shall be so framed as-
(a) to authorise the working of the invention primarily to satisfy the market 
in Zimbabwe, except in the case of a determination of anti-competitive 
practices, in which case no such restriction shall apply; and 
(b) to secure to the patentee the maximum royalty compatible with the 
successful working of the invention within Zimbabwe on a commercial 
scale and at a reasonable profit; and 
(c) to guarantee to the patentee a minimum yearly sum by way of royal ty, if 
and so far as it is reasonable to do so."; 
(d) by the insertion after subsection (3) of the following subsection-
"(4) In addition to any other terms of a licence under this section, the 
licence shall be revocable at the discretion of the Tribunal 
Ca) the circumstances that led to its grant cease to exist and are unlikely to 
recur; or 
Cb) the licensee fails to-
(i) work the invention within the time specified in the order; or 
(ii) expend the amount specified in the licence as being the amount. 
which he is able and willing to provide for the purpose of working 
the invention on a commercial scale within Zimbabwe; or 
(iH) pay the patentee the royalties payable in terms of the licence.", 
11 Amendment of section 34 of Cap. 26:03 
Section 34 of the principal Act is amended-
(a) by the repeal of subsections (2) and (3) and the substitution of-
"(2) Any use of an invention made by virtue of subsection (1) shall be 
made upon such terms and conditions as may be agreed upon between the Minister 
and the patentee with the approval of the Minister responsible for finance or, in 
default of such agreement, as may be determined by the Tribunal on a reference 
under subsection (1) of section thirty-Six."; 
(3) In the event of public non-commercial use of an invention, no 
agreement between the Minister and the patentee need to be reached with respect to 
conditions to be set which pertain to the use of an invention: 
Provided that such use shall be communicated promptly to the patentee 
(b) by the insertion after subsection (6) of the following proviso-
"Provided that any such use as provided for herein shall be permltted to remedy 
a practice determined after judicial or administrative process to be anti-competitive." 12 Amendment of section 35 of Cap. 26:03 
Section 35 of the principal Act is amended-IPINI1IZWE/P/l 
Page 75 
(a) in subsection (2) by the repeal of the definition of "period of emergency" and the 
substitution of-
""period of emergency" means-
(a) any period when Zimbabwe is engaged in any war and the period immediately 
following thereon until such date as may be declared by the President, by 
proclamation in the Gazette, as the end of the period of emergency caused by 
that war; or 
(b) any period when a declaration under subsection (1) of section 311 of the 
Constitution is in effect; or 
(c) any period when an emergency or disaster threatens the life or well-being of the 
community;" and 
(b) by the insertion after subsection (2) of-
"(3) The patentee shall be notified of such use as is envisaged in subsection (1) as soon ~s 
is reasonably practicable." 
13 New section inserted in Part VI of Cap. 26:03 
Part VI of the principal Act is amended by the insertion before section 48 of the forrowing 
section-
47 A Interpretation in Part VI 
"In this Part-
"Court", in relation to proceedings for an infringement of a patent, means the 
Tribunal or the court in which the proceedings have been instituted. ". 
14 Amendment of section 48 of Cap. 26:03 
Section 48 of the principal Act is amended-
(a) by the insertion after subsection (1) of the following subsection-
"(la) An action for infringement of a patent may be instituted­
(a) in the Tribunal; or 
(b) in the High Court; or 
(c) subject to the jurisdictional limits provided for in the Magistrates Court 
Act [Chapter 7:10], in a magistrates court."; 
(b) in subsection (2) by the deletion of "An action for infringement of a patent shall be 
heard and determined by the Court and, subject to the provisions of any rules made by 
the Court, the following provisions shall apply in connection therewith" and the 
substitution of "Subject to any rules of court, the following provisions shall apply in 
connection with an action for infringement"; 
(c) by the insertion after subsection (8) of the following subsection-
"(9) If it is proved, in an action for infringement of a patent in respect of 
an invention which relates to the protection of an art or a process, that-IPINI1IZWE/P/l 
Page 76 
Ca) the defendant produced a product that is identical to that produced from 
the patented art or process; and 
(b) the patented art or process is new; 
it shall be presumed, in the absence of proof to the contrary, that the defendant's 
article was produced from the patented art or process: 
Provided that, in adducing proof to the contrary, the legitimate interests of 
the defendant in protecting his manufacturing and business secrets shall be taken 
into account.". 
15 New section inserted in Cap. 26:03 
The principal Act is amended by the insertion after section 48 of the following section--- -
48A Anton Pifler orders 
(1) If a person who has instituted or intends instituting an action for infringement of 
a patent satisfies the Court that, prima Jacie-
(a) he has a cause of action against another person which he intends to pursue; 
and 
(b) the other person has in his possession documents or other things of whatsoever 
nature which constitute evidence of great importance in substantiation of that 
cause of action; and 
(c) there is a real and well-founded apprehension that the documents or other 
things may be hidden, destroyed or rendered inaccessible before discovery can 
be made in the usual way; 
the Court may make such order, commonly known as Anton Piller order, as it considers 
necessary or appropriate to secure the preservation of the documents or things as evidence. 
(2) An order in terms of subsection (1) may be granted without notice to the person 
who is allegedly in possession of the documents or other things to which the order relates, 
and the Court may sit in camera for the purpose of hearing an application for such 3.'h 
order: 
Provided that the Court shall not grant an order without such notice unless it is 
satisfied that there is a real possibility that the documents or things will be hidden, 
destroyed or rendered inaccessible if notice is given. 
(3) An order in terms of subsection (1) may be granted on such conditions, including 
the giving of security by the applicant, as the Court may fix. 
(4) This section shall not be taken to limit any power the Court may have under its 
ordinary jurisdiction to grant orders such as are referred to in this section.". 
16 New Part substituted for Part X of Cap, 26:03 
Part X of the principal Act is repealed and the following is substituted-"PART X 
APPEALS AND REFERENCES 
69 Appeals from Registrar IP/N / l/ZWE/P 11 
Page 77 
Where this Act provides for an appeal against a decision of the Registrar, the appeal 
shall be made to the Tribunal in accordance with this Part and the Intellectual Property 
Tribunal Act [Chapter 26:06}. 
70 Time for appeals 
(1) An appeal referred to in section sixty-nine shall be lodged with the Tribunal 
within three months after the appellant was notified of the decision or order against which 
the appeal is brought or within such further time as the Tribunal may for good cause anow. 
(2) The powers of the Registrar as to extensions of time under subsection (2) of 
section fifty-nine shall not apply in relation to the time for bringing an appeal under 
subsection (1). 
71 Powers of Tribunal on appeal 
Without derogation from section 8 of the Intellectual Property Tribunal Act [Chapter 
26:06], in any appeal under this Act the Tribunal may-
(a) confirm, set aside or vary the order or decision against which the appeal is 
brought; 
(b) exercise any of the powers which could have been exercised by the Registrar 
in the proceedings in connection with which the appeal is brought. 
72 References to Tribunal by Registrar 
(1) If it appears to the Registrar that any matter to be decided by him under this Act 
involves a point of law or to be of unusual importance or complexity, he may, after giving 
notice to the parties, refer the matter to the Tribunal for decision, and thereafter in relation 
to that matter he shall act in accordance with the decision of the Tribunal or any decision 
substituted there for on appeal to the Supreme Court. 
(2) Where a matter has been referred to the Tribunal in terms of subsection (1), the 
Registrar and the parties shall be entitled to be heard by and appear before the Tribunal 
before any decision is made in the matter.". 
17 New section inserted in Cap. 26:03 
The principal Act is amended by the insertion after section 82 of the following section-
82A Patent Co-operation Treaty 
"(1) In this section-
"Treaty" means the Patent Co-operation Treaty signed at Washington on the 19th 
June, 1970. 
(2) Words or expressions to which a meaning has been assigned in the Treaty shall 
bear the same meaning when used in this section. 
(3) Subject to this section, the Treaty shall have the force oflaw within Zimbabwe. IPIN!l/ZWE/PIl 
Page 78 
(4) The Patent Office shall act as-
(a) a receiving Office in respect of any international application filed with it by a 
resident or national of Zimbabwe; and 
(b) a designated Office in respect of any international application in which 
Zimbabwe is designated for the purposes of obtaining a patent under this Act; 
and 
(c) an elected Office in respect of an international application in which Zimbabwe 
is designated, if the applicant elects Zimbabwe for the purposes of 
international preliminary examination under Chapter n of the Treaty. 
(5) Subject to this section, an international application designating Zimbabwe shall 
be treated as an application for a patent which was lodged under this Act and has as its 
filing date the international filing date accorded it under the Treaty. 
(6) An international application filed with the Patent Office as receiving Office shall 
be-
(a) filed in a language prescribed in regulations made under the Treaty; and 
(b) accompanied by the fee prescribed in terms of section ninety-sIx. 
(7) The Registrar, acting in his capacity as an officer of a designated Office or an 
elected Office, shall not begin processing an international application designating 
Zimbabwe before the time-limit referred to in subsection (8) has expired, unless the 
applicant complies with the requirements of that subsection and files at the Patent Office 
an express request for early processing. 
(8) Before the expiry of the time-limit applicable under Article 22 or 39 of the 
Treaty or such later period as may be prescribed in regulations made under the Treaty, a 
person who has filed an international application designating Zimbabwe shall-
(a) pay the Registrar the fee prescribed in terms of section ninety-six: and 
(b) lodge at the Patent Office a translation of the application into a language 
prescribed in regulations made under the Treaty, unless the application was 
filed in such a language or has been published under the Treaty as a translation 
into such a language; 
and if the applicant fails to do so the application shall be deemed to have been withdrawn 
in terms of this Act. 
(9) The Registrar shall deal with international applications in accordance with this 
Act, the Treaty and regulations made thereunder: 
Provided that, in the event of inconsistency between this Act and the provisions of the 
Treaty or the regulations or administrative instructions made thereunder, the Treaty and 
those regulations and instructions shall prevail. 
(10) The Minister shall cause a statutory instrument to be published in the Gazette 
setting out the provisions of the Treaty and any regulations made under the Treaty, and 
shall amend the statutory instrument whenever necessary to record any amendment of the 
Treaty or those regulations.", 18 Amendment of section 96 of Cap, 26:03 
Section 96 of the principal Act is amended in subsection (2)--
Ca) by the insertion after paragraph (g) of the following paragraph-IPIN/1/ZWE/PIl 
Page 79 
"(gl) the provision of services by the Patent Office, including the provision of 
infonnation regarding patents, and the fees and charges payable for such 
services;"; 
(b) by the insertion after paragraph (j) of the following paragraph-
"(k) giving effect to any international treaty or agreement which relates to patents 
and to which Zimbabwe is a party.". 
19 Repeal of section 97 of Cap. 26:03 
Section 97 of the principal Act is repealed. 
20 Minor amendments to Cap. 26:03 
The provisions of the principal Act specified in the first column of the Schedule are 
amended to the extent set out opposite thereto in the second column. IPINIl 
Page 80 
SCHEDULE (Section 18) 
MINOR AMENDMENTS TO PATENTS ACT [Chapter 26:03J 
Provision 
Sections 2(1) (in the 
definitions of "date of 
lodging" and "effective 
date"), 22,56(1), 68(2)(b) 
and 85(1)(b) & (2) 
Section 2(1) (in the definitions 
of "patent" and "patent of 
addition") 
Sections 15(2), 17, 18(4), 
20(4),21(2) (proviso (i), 
26(5) (proviso), 31(5), 
(6)(a), (7), (11), & (13), 
32(1) & (2),36(1) & (4), 
38,39,42(3),43(2), 
44(2)(b), 45, 46(1) & (2), 
55,63(2),65(3), (4), (5) & 
(6) and 86 
Sections 18(2) and 29(3)(a) 
Section 20(4) 
Section 21(1) & (2) 
Sections 21(2)(proviso (i», 
38,39 and 45(1), (2), (4), 
(5), (6), (7) & (8) 
Section 27(1) 
Section 31(1) 
Sections 31(5) and 32(1) 
Section 51(1) Extent of Amendment 
By the deletion of "or the repealed legislation", 
By the deletion of "or the corresponding provision of the repealed 
legislation" , 
By the deletion of "Patents Tribunal" wherever it occurs and the 
substitution of "Tribunal", 
By the deletion of "the provisions of'. 
By the deletion of "Minister of Finance" and the substitution of 
"Minister responsible for finance", 
By the insertion after "Subject to" of "the provisions of', 
By the deletion of "Court" wherever it occurs and the substitution of 
"High Court", 
By the deletion of ", including a patent granted or registered under the 
repealed legislation,", 
By the deletion of "subsection (13)" and the substitution of 
"subsection (15)", 
By the deletion of "that Tribunal" and the substitution of "the 
Tribunal" , 
By the deletion of "Court in accordance with the rules of Court" and 
the substitution of "High Court in accordance with the rules of that 
court", Section 53(3) 
Section 60(2) Page 81 
(a) by the deletion of "or the corresponding provision of the repealed 
legislation"; 
(b) by the deletion of "Patents Tribunal or Court" and the 
substitution of "Tribunal or the court concerned, as the case may 
be,". 
By the deletion of "lights" and the substitution of "rights".