Act 3
Industrial Property Act
2014
9. Patentable invention.
An invention is patentable if it is new, involves an inventive step, and
is industrially applicable.
10. Novelty.
(1) An invention is new if it is not anticipated by prior art or
where a person who is highly skilled in the relevant area could not
derive the invention from a combination of prior disclosed art.
(2) For purposes of this Act, prior art consists of everything
made available to the public anywhere in the world by means of
written disclosure including drawings, published patent applications,
and other illustrations or by oral disclosure, use, exhibition or other
non-written means, where the disclosure occurred before the date of
filing of the application or, if priority is claimed, before the priority
date validly claimed in respect of the application.
(3) For the purpose of the evaluation of novelty, an application
for the grant of a patent or a utility model certificate in Uganda shall
be considered to have been comprised in the prior art as from the
filing date of the application, or if priority is claimed, as from the date
of its validly claimed priority, to the extent to which its content is
available, or is later made available, to the public in accordance with
this Act or in accordance with the Patent Cooperation Treaty.
(4) For the purposes of subsection (2), a disclosure of the
invention shall not be taken into consideration if it occurred within
twelve months before the filing date or, where applicable, the priority
date of the application and if it was by reason or in consequence of—
(a) acts committed by the applicant or his or her predecessor in
title; or
(b) an evident abuse committed by a third party in relation to
the applicant or his or her predecessor in title.
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