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PART I: PATENTS
CHAPTER 3
DclinlllollS 01
"Paicu:
.iud or "lnICnIJOn"
M"IICJ Excluded (rom
[':Itcnl Proiccuon
8( I) For the purposes of this Act, "patent" means the title granted to protect
an invention
(2)(a) For the purposes of this Act, "intention" means an idea of an inventor
which permits in practice the solution to a specific problem in the field of
technology
(b) An invention may be, or may relate
to,
a product or a process
(3) The following, even if they are inventions within the meaning of
subsection (2), shall be excluded from patent protection
Patentable Inventions
(II
discoveries, scientific theories and mathematical methods,
(l l)
schemes, rules or methods for doing business, performing
purely mental acts or playing games:
(II I)
methods for treatment of the human or animal body by surgery
or therapy, as well as diagnostic methods practiced on the
human or animal body: this provision shall not apply to
products for use in any of those methods
Il( I) An invention is patentable if it IS new, involves an inventive step and is
industrially applicable
(2)(a) An invention is new ifit is not anticipated by prior art
(b) Prior art shall consist of everything disclosed to the public, anywhere
in the world, by publication in tangible form or by oral disclosure, by use or
III any other way, prior to the filing or, where appropriate, the priority date,
or the application claiming the invention
(c) For the purposes of paragraph (b), disclosure to the public of the
invention shall not be taken into consideration if it occurred with in twelves
months preceding the filing date or, where applicable, the priority date of the
application and ifit was by reason or in consequence ofacts 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
(3) An invention shall be considered as involving an inventive step if,
havlng regard to the prior art relevant to the application claiming the invention
and as defined in subsection (2)(b), it would not have been obvious to a
person having ordinary skill in the art.
(4) An invention shall be considered industrially applicable if it can be
made or used in any kind of industry "Industry" shaJl be understood in its
broadest sense, it shall cover, in particular, handicraft, agriculture, fishery and
sen Ices