JuriSTEP
SAO TOME AND PRINCIPE
5. The inventions contrary to the good customs or to public order shall
not be patented.
Article 4
Right of Patent
1. The right of patent belongs to the inventor.
2. If several persons have jointly worked in an invention, the right of
Patent belongs to all of them jointly.
3. If several persons have come to the same Invention independently from
one another, the right of patent belongs to who has presented the
application, which date of priority validly claimed is older, as long as
the application is not abandoned or rejected.
4. The right of patent can be assigned or transferred mortis causa.
5. If the invention was made by an employee under a labour contract, the
right of patent for that invention belongs to the employer, except if the
contract provides otherwise.
6. The inventor is mentioned as such in the patent, except a special
statement addressed to the Director of the Administration of
Intellectual Property indicates that the inventor does not wish to be
mentioned. Any promise or any commitment executed by the inventor
with anyone to make such statement does not have legal effect.
Article 5
Application for patent
1. The application for a patent is deposited before the National Service
for Intellectual Property and shall include a request, a description, one
or several claims, one or several drawings (when applicable) and a
summary. The deposit of the application is subject to fee.
2. a)
The application shall include the request for the patent granting,
the name of the depositor, the name of the inventor and, if
applicable the name of the proxy, and the other mandatory
information regarding the depositor, to the inventor and, if
applicable to the proxy, as well as the title of the invention.
b)
If the depositor is not the inventor, the application shall be
attached with a statement justifying the right of the depositor.
3. The description should disclose the invention in a complete and
sufficiently clear allowing it to be evaluated and that a person with
average knowledge in the field can perform it, and must notably
mention a way of perform that the depositor knows.
4. a) The content of the claim, or claims, determines the wideness of the
protection. The description and the designs can be used for interpret
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