810 No. 40 of 2016]
Inventive
step
Industrial
application
Patents
(2) The novelty of an invention shall not be destroyed if
disclosure—
(a) of the invention occurred within twelve months preceding
the date of filing of the application for the grant of a
patent;
(b) was due to, or made in consequence of, the matter having
been obtained unlawfully or in breach of confidence by
any person—
(i) from the inventor or any other person to whom
the matter was made available in confidence
by the inventor or who obtained it from the
inventor because the person or the inventor
believed that the person was entitled to obtain
it; or
(ii) from any other person to whom the matter was
made available in confidence by any person
mentioned in subparagraph (i) or in this
subparagraph or who obtained it from any
person so mentioned because that person or the
person from whom that person obtained it
believed that such person was entitled to obtain
it;
(c) was made due to, or in consequence of, the inventor
displaying the invention at an international exhibition,
recognised by the Agency, and the applicant states, on
lodging an application for the grant of a patent, that the
inventor has notified, in the prescribed manner, that the
invention has been so displayed and, within the prescribed
period and in accordance with any prescribed conditions,
files written evidence in support of the statement; or
(d) was to the public for the purpose of providing the result of
a research undertaken by any university, research
institution or development institution, within six months
preceding the date of lodging an application for the grant
of a patent.
19. An invention shall be considered to involve an inventive
step if it is not obvious to a person ordinarily skilled in the art, on the
date of filing of the application for the grant of patent or, where
priority is claimed, on the priority date validly claimed.
20. An invention shall be considered to be capable of industrial
application if it can be made or used in an industry.