No.	4907	

Government	Gazette	23	March	2012	

Act No. 1, 2012

17

INDUSTRIAL PROPERTY ACT, 2012

Immunity for official acts
11.	
The	 Registrar	 or	 the	 Deputy,	 an	Assistant	 Registrar,	 any	 staff	 member	
or	other	employee	appointed	in	terms	of	section	4	to	work	in	the	Office	is	not	personally	
liable	in	respect	of	anything	done	in	good	faith	under	this	Act.
CHAPTER	2

PATENTS

PART 1

PATENTS FOR INVENTIONS

Definitions and interpretation
12.

(1)

For	the	purposes	of	this	Chapter	–


	

“anticipated”	means	forming	part	of	or	disclosed	by	prior	art;


	

“art”	means	-

	

(a)	

all	matter	disclosed	to	the	public,	anywhere	in	the	world,	by	publication	
in	any	form,	or	by	oral	disclosure,	by	use	or	in	any	other	way;	

	

(b)	

matter	contained	in	a	pending	application	for	a	patent	as	contemplated	
in	section	14(3);

	

(c)	

knowledge	 developed	 by	 or	 in	 possession	 of	 a	 local	 or	 indigenous	
community	 and	 which	 originated	 at	 a	 date	 prior	 to	 the	 priority	 date	 of	
the	relevant	invention;

	

“exploit”,	in	relation	to	a	patented	invention,	means	doing	any	of	the	following	
acts:

	

(a)	

when	the	patent	has	been	granted	in	respect	of	a	product	-

	

	

(i)	

making,	importing,	disposing	of,	offering	to	dispose	of	or	using	
the	product;

	

	

(ii)	

stocking	such	product	for	the	purposes	of	disposing	of,	offering	
to	dispose	of	or	using;

	

(b)	

when	the	patent	has	been	granted	in	respect	of	a	process	-

	

	

(i)	

using	the	process;

	

	

(ii)	

doing	any	of	the	acts	referred	to	in	paragraph	(a)	in	respect	of	a	
product	obtained	directly	by	means	of	the	process;

	

“invention”	 means	 an	 idea	 of	 an	 inventor	 in	 the	 form	 of	 new	 knowledge	 of	 a	
technical	nature;

Select target paragraph3