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No. 10
Patents and Industrial Designs Act
2012
No. 10
(a) � acts committed by the applicant or his
predecessor-in- title; or
Industrial
application of
invention.
(2) For the purposes of this section "industry" shall be
understood in its broadest sense and shall cover, in particular
handicraft, agriculture, fishery and services.
Nonpatentable
inventions.
(f) � biological processes for the protection of
plants or animals other than non-biological
and micro-biological processes; and
4. An invention shall be considered as involving an inventive
step if, having regard to the prior art relevant to the application
claiming the invention, it would not have been obvious to a person
having ordinary skill in the art.
5. (1) An invention shall be considered industrially applicable
if it can be made or used in any kind of industry.
6.
The following shall not be regarded as inventions for the
purposes of patent protection:(a) � discoveries, scientific theories and
mathematical methods;
(b) � schemes, rules or methods for doing
business, performing purely mental acts or
playing games;
(c) � methods for treatment of the human or animal
body by surgery or therapy, as well as
diagnostic methods practiced on the human
or animal body; this provision shall not apply
to products for use in any of these methods;
(d) � inventions the commercial exploitation of
which would be contrary to public order,
morality, public health and safety, principles
of humanity and environmental conservation;
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2012
(e) � plants and animals other than microorganisms;
(b) � an abuse committed by a third party or his
predecessor- in-title.
Inventive
step.
Patents and Industrial Designs Act
(g) � plant varieties.
PART III - RIGHT TO PATENT AND NAMING OF INVENTOR
7.
(1) The right to a patent shall belong to the inventor.
Right to
patent.
(2) If two or more persons have jointly made an invention,
the right to the patent shall belong to them jointly.
(3) If and to the extent to which two or more persons
have made the same invention independently of each other, the person
whose application has the earliest filing date or, if priority is claimed,
the earliest validly claimed priority date shall have the right to the
patent, unless the application is withdrawn, abandoned or rejected.
(4) The right to a patent may be assigned or transferred
by succession.
(5) Sections, 60, 61, 63 and 75 shall apply mutatis mutandis
to contracts assigning the right to a patent.
8. Where the applicant has obtained the essential elements
of the invention which is the subject of his application from the
invention of another person he shall, unless authorised by the person
who has the right to the patent for the latter invention to apply for the
patent or own the patent, be obliged to assign to such person the
application or where the patent has already been granted, the patent
right.
Unauthorized
application
based on
invention of
another
person.