JuriSTEP
INTELLECTUAL PROPERTY LAW
2. a)
For the purposes of this Law ‘Invention’ shall mean the idea of an
inventor allowing to find a solution of a specific technical problem;
b)
An Invention can be a product or a process, or be related to a
product or a process.
3. Are excluded from the scope of protection of Patent, even being
inventions in the sense of paragraph 2:
a)
The discoveries, the scientific theories and the mathematical
methods;
b)
The plans, principles or methods in the domain of economic
activities, in the exercise of activities purely intellectual or in
matter of game;
c)
The methods of surgery, of human or animal therapy, as well as
diagnosis methods. This provision does not apply to the products
used in these methods.
Article 3
Inventions that can be Patented
1. An invention can be patented, if it is new, involves an inventive
activity, and it is likely to have an industrial application.
a)
An invention is new if there is anteriority in the state of the
technique;
b)
The state of the technique encompasses everything that has bees
disclosed in any part of the world, by a publication, or in Sao
Tome and Principe by oral disclosure, by an use or any other way,
before the date of deposit or, if applicable, before the date of
priority of the application claiming the invention;
c)
To the effects of sub-paragraph b), a disclosure is not considered
if it occurs during the 12 months preceding the date of the deposit
or, if applicable, to the date of priority of the deposit or the date
of priority of the request and it results directly or indirectly of
actions of the applicant or by its legal predecessor, or of an abuse
of third parties relating the applicant.
3. An invention is considered to involve an inventive activity, if for a
person with average knowledge in the field the invention does not
result in an evident manner of the state of the pertinent technique
regarding the application claiming a patent.
4. An invention is considered to be susceptible of industrial application, if
its object can be produced or used in any kind of industry. The word
"industry" shall be understood in the broadest sense including notably
workmanship, agriculture, fishing and services.
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