Zambia: new patent legislation

Zambia has a new Patents Act, No. 40 of 2016. This legislation, which came into force on 27 December 2016, repeals the Patents Act Cap 400. The new law contains a number of important changes, such as those listed below.

Novelty: The law now provides for absolute novelty.

Exclusions: The exclusions to patentability are now in line with international norms.

Budapest: There is provision for the Budapest Treaty, and there are disclosure requirements for inventions involving genetic resources and traditional knowledge.

Restrictions: There are restrictions on Zambian residents filing patents abroad.

Foreign applications: There is now a duty of full disclosure of information involving corresponding foreign applications.

International: There is recognition of PCT International and national phase applications.

Term: The term of a patent is 20 years, with an option to extend the term in certain circumstances.

Restoration: There is provision for restoration of a patent.

Utility models: The new law makes provision for the registration of utility models.

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Date published: 10 May 2017
Author: Spoor & Fisher

Tags: Zambia patents utility models