5. An invention shall be deemed to involve an inventive step where it is not obvious to
a person skilled in the field concerned in comparison with the state of the art on the filing date
of the patent application, or where applicable on the priority date validly claimed for it.
The state of the art shall be considered as a whole, including not only the separate
elements of the state of the art or parts of those elements considered separately, but also
combinations of such elements or parts thereof where such combinations are obvious to a
person skilled in the field concerned.
6. An invention shall be considered capable of industrial application where its subject
matter may be manufactured or used in any kind of industry or in agriculture.
Chapter II
Right to the Patent
Section 1
General Provisions
7. The right to a patent within the meaning of Article 1 of this Law shall belong to the
inventor or to his successors in title. In the procedure to be observed in dealings with the
entity responsible for industrial property, the party filing the patent application shall be
deemed entitled to the patent.
Where two or more persons have made the same invention independently of each other,
the right to the patent shall belong to the first to file an application.
Where two or more persons have made an invention jointly, the right to the patent shall
belong to them jointly.
8. If a patent has been applied for, either for an invention unlawfully taken from the
inventor or from his successors in title or in violation of a legal or treaty obligation, the
aggrieved party may apply to the competent court to claim ownership of the patent application
or granted patent.
The action claiming ownership provided for in the first paragraph shall be statute-barred
after three years following publication of the notice of grant of the patent. However, where
the bad faith of the owner of the patent at the time of the grant or acquisition of the patent is
proved, the statute-barring period shall be three years following the expiry of the patent
provided for in Articles 36 and 60 of this Law.
Section 2
Inventions of Salaried Employees
9. For the purposes of this Law:
— “employee” means both an agent in the private sector and an agent in the public
sector;
— “employer” means the State, local communities, public corporations and companies
and any corporation under private law.
10. The invention made in the course of employment relations by an employee whose
specific duties require him to engage in inventive activity or design or research work
expressly entrusted to him shall belong to the employer.
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