10.
Inventive step
An invention shall be considered as involving an inventive step if, having regard
to the prior art, within the meaning of section 9(2)(a), it would not have been obvious to a
person skilled in the art on the date of the filing of the application or, if priority is claimed,
on the priority date validly claimed in respect thereof.
11. Industrial application
An invention shall be taken to be capable of industrial application if according to
its nature, it can be made or used, in the technological sense in any kind of industry,
including agriculture, fishery and services.
12. Prohibition by law, public order or morality
A patent may be obtained
even in respect of an invention the exploitation of which is prohibited by law, except
where public order or morality prohibits the exploitation of the invention.
13. Temporary exclusion from patentability
Inventions which concern certain kinds of products, or processes for the
manufacture of such products, may, by statutory instrument be extended for further
periods, each such period not exceeding ten years.
PART IV
RIGHT TO PATENT: NAMING OF INVENTOR (ss 14-17)
14. Right to patent (1) The right to a patent shall belong to the inventor.
(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, and leads to
the grant of a patent, shall have the right to the patent.
(4) The right to a patent may be assigned, or transferred by succession.
(5) Section 48 to 52 shall apply mutatis mutandis to contracts assigning the right
to a patent.
15.
Unauthorised application based on another's invention
Where the person who is applying for the grant of a patent has obtained the
essential elements of the invention, which is the subject of his application from the
invention of another person, the person shall, unless authorised by that other person,
assign to that other person the application or, where the patent has already been
granted, the patent.
16. Inventions made in execution of commission or by employees
(1) Notwithstanding the provisions of section 14 in the absence of contractual
provisions to the contrary, the right to a patent for an invention made in execution of a
commission or of an employment contract shall belong to the person having
commissioned the work or to the employer.
(2) The provision of subsection (1) shall apply when an employment contract
does not require the employee to exercise any inventive activity, but where the
employee has made the invention by using data or means available to him through his
employment.
(3) Where the provisions of subsection (2) are applicable, the employee shall
have a right to equitable remuneration taking into account the importance of the
invention and any benefit derived from the invention by the employer.
(4) Any remuneration granted under subsection (3) shall in the absence of any
agreement be fixed by the court. In the circumstances provided for in subsection (1) the