20
Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
(2)
For the purposes of subsection (l)(j), salts, esters, ethers, polymorphs,
metabolites, pure form, particle size, isomers, mixtures of isomers, enantiomers,
complexes, combinations, compositions, formulations, dosage forms, admixtures and
other derivatives of known substances must be considered to be substances.
Exclusion from patentability on grounds of morality or public order
18.
(1)
Inventions the commercial exploitation of which would be
contrary to public order or morality are excluded from patentability, except that an
invention will not be so excluded merely because the exploitation thereof is prohibited
by law.
(2)
For the purposes of subsection (1), public order or morality includes
considerations relating to
(a)
the patentability and protection of human, animal or plant life or health;
or
(b)
the avoidance of serious harm to the environment.
PART 2
RIGHT TO PATENT
Right to a patent
19.
(1)
The right to a patent belongs to the inventor.
(2)
If two or more persons have jointly made an invention, the right to
apply for the patent belongs to them jointly.
(3)
If and to the extent to which 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, and which
application leads to the grant of a patent has the right to the patent for the duration of the
patent.
(4)
The right to a patent may be assigned, or may be transferred by
succession or otherwise by operation of law.
Naming of inventor
20.
(1)
The inventor must be named as such in the application for a
patent and in the patent, unless in a written declaration addressed to the Registrar and
lodged with the Registrar prior to the grant of the patent the inventor declares that he or
she wishes not to be named.
(2)
Any promise or undertaking by the inventor made to any person to the
effect that he or she will make a declaration as contemplated in subsection (1) has no
legal effect.