(4) For the purposes of subsection (3), disclosure to the public of the invention shall not
be taken into consideration if it occurred within twelve months preceding the filing date
or, where applicable, the priority date of the application, and if it was by reason or in
consequence of acts committed by the applicant or the applicant's predecessor in title or
of an abuse committed by a third party with regard to the applicant or the applicant's
predecessor in title.
(5) An invention shall be considered as involving an inventive step if, having regard to
the prior art relevant to the application claiming the invention and as defined in
subsection (3), it would not have been obvious to a person having ordinary skill in the art.
(6) An invention shall be considered industrially applicable if it can be made or used in
any kind of industry.
Section 4—Right to Patent; Naming of Inventor.
(1) The right to a patent belongs to the inventor.
(2) Where two or more persons have jointly made an invention, the right to the patent
belongs 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
application is not withdrawn, abandoned or rejected.
(4) The right to a patent may be assigned, transferred or devolve by succession.
(5) Where an invention is made in execution of an employment contract, the right to the
patent belongs in the absence of any contractual provisions to the contrary, to the
employer.
(6) Where the invention has an economic value much greater than the parties could have
reasonably foreseen at the time of the conclusion of the contract, the inventor shall be
entitled to a special remuneration, which shall be fixed by the court in the absence of an
agreement between the parties.
(7) The inventor shall be named as the inventor in the patent, unless in a special written
declaration signed by the inventor and addressed to the Registrar the inventor indicates a
desire not to be named.
(8) Any promise or undertaking by the inventor made to any person to the effect that the
inventor will make the declaration shall be without legal effect.
Section 5—Application.