Act 3
Industrial Property Act
2014
(3) Where 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 that leads to the grant of a patent, has the right to the patent.
(4) The right to a patent may be assigned or may be transferred
by succession.
(5) Sections 51 to 65 apply, with the necessary modifications, to
contracts assigning the right to a patent.
18. Unauthorised application based on an invention of another
person.
Where an applicant has obtained the essential elements of the
invention which is the subject of his or her application from the
invention of another person, he or she shall, unless authorised by the
person who has the right to the patent or who owns the patent, assign
to that person the application or, where the patent has already been
granted, the patent.
19. Inventions made in execution of commission or by employee.
(1) Notwithstanding section 18 and in the absence of a contract
to the contrary, the right to a patent for an invention made in
execution of a commission or of a contract of employment, belongs
to the person having commissioned the work or to the employer.
(2) Where the invention referred to in subsection (1) is of
exceptional importance the employee has a right to equitable
remuneration taking into consideration his or her salary and the
benefit derived by the employer from the invention.
(3) Subsection (1) applies where a contract of employment does
not require the employee to exercise any inventive activity but when
the employee has made the invention by using data or means
available to him or her during his or her employment.
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