ANNEX I
PATENTS
TITLE I
GENERAL PROVISIONS
Article 1
Definitions
For the purposes of this Annex,
“INVENTION” MEANS AN IDEA THAT PERMITS A SPECIFIC PROBLEM IN THE FIELD OF
TECHNOLOGY TO BE SOLVED IN PRACTICE.
“Patent” means the title granted for the protection of an invention.
Article 2
Patentable Invention
(1) An invention that is new, involves an inventive step and is industrially applicable
may be the subject of an invention patent (hereinafter called “patent”).
(2) The invention may consist of or relate to a product or a process or to a use thereof.
Article 3
Novelty
(1) An invention shall be new if it has not been anticipated by prior art.
(2) Prior art shall consist of everything made available to the public, in any place and
by any means or method, before the filing date either of the patent application or of a patent
application filed abroad the priority of which has been validly claimed.
(3) The novelty of an invention shall not be denied if, during the 12 months preceding
the date specified in paragraph (2) above, the invention has been the subject of a disclosure
resulting from
(a) an obvious violation committed against the applicant or his predecessor in title;
(b) the fact that the applicant or his predecessor in title has displayed it at an official or
officially recognized international exhibition.
Article 4
Inventive Step
An invention shall be regarded as resulting from an inventive step if, having regard to
the prior art, it would not have been obvious to a person having ordinary knowledge and skill
in the art on the filing date of the patent application or, if priority has been claimed, on the
priority date validly claimed for it.