(b)
it was by reason or in consequence of acts committed by the applicant or his
predecessor in title or of an abuse committed by a third party with regard to
the applicant or his predecessor in title.
(5)
An invention shall be considered as involving an inventive step where, having
regard to the prior art relevant to the application claiming the invention, it
would not have been obvious to a person having ordinary skill in the art.
(6)
An invention shall be considered industrially applicable where it can be made or
used in any kind of industry.
(7)
For the purposes of subsection (6), the term "industry" shall be construed in its
broadest sense and shall also cover, handicraft, agriculture, fishery and services.
(8)
13.
14.
Any commercial exploitation of an invention, which is contrary to public order or
morality, shall not be patentable.
Right to patent
(1)
The right to a patent shall belong to the inventor.
(2)
Where two or more persons have jointly made an invention, the right to the patent
shall belong to them jointly.
(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 shall have the right to the
patent, as long as the said application is not withdrawn, abandoned or rejected.
(4)
Any right to a patent may be assigned or may be transferred by succession.
(5)
Where an invention is made in the execution of, or under, an employment contract,
the right to the patent shall belong, in the absence of any express provisions to
the contrary, to the employer.
(6)
Every patent shall contain the name of the inventor unless, in a special written
declaration signed by him and addressed to the Controller, indicates that he wishes
not to be named.
(7)
Any promise or undertaking by the inventor, made to any person to the effect that
he will make a declaration under subsection (6), shall be without effect.
Application
(1)
An application for a patent shall be –
(a)
(b)
(c)
(2)
made in the prescribed form;
filed with the Controller in such manner as may be prescribed under this
Act; and
subject to payment of the prescribed fee.
An application for a patent shall contain –
(a)
a request which includes(i)
a petition to the effect that a patent be granted;
(ii)
the name of and other prescribed data concerning the applicant, the
inventor and the agent, if any;