A.26
Right to an
invention
Who may
apply for
patent
Application
for patent
(a) methods for treatment of the human or animal body by surgery or
therapy, as well as diagnostic methods practiced in relation thereto,
except products for use in any such methods;
(b) an invention the commercial exploitation of which is necessary to
protect public order or morality including protection of human or
animal health, plant life or to avoid prejudice to the environment;
(c) plants and animals other than micro-organisms;
(d) essentially biological processes for the production of plants or animals.
10. (1) The right to a patent shall belong to the inventor.
(2) If two or more persons have made an invention jointly, the right to
the invention shall belong to them jointly.
(3) Where two or more persons have made the same invention but
independently of each other, the person whose application bears the
earliest filing date, or, if priority is claimed, the person whose application
bears the earliest validly claimed priority date shall, unless that
application is abandoned, withdrawn or rejected by the Registrar, have
the right to the patent.
(4) Where an invention is made in execution of a contract of
employment, the right to the patent shall, in the absence of any agreement
to the contrary, belong to the employer.
(5) The inventor shall be named as such in the patent, unless, in a
special declaration in writing signed by him or her and addressed to the
Registrar, he or she indicates that he or she wishes not to be named, and any
promise or undertaking by the inventor made to any person to the effect
that he or she will make such a declaration shall be without legal effect.
11. (1) An application for a patent in respect of an invention may be
made by the inventor or by any other person who has acquired the right
to apply from the inventor.
(2) Unless otherwise agreed, joint inventors may jointly apply for a
patent.
12. (1) Every application for a patent shall be filed with the Registrar
and shall contain —
(a) a request;
(b) a description;
(c) one or more claims defining the matter for which protection is sought;
(d) drawings (where referred to in the description or the claims);
(e) an abstract in the prescribed form;
and shall be accompanied by such fee as may be prescribed.
(2) A request referred to in subsection (1) shall contain a petition
that a patent be granted, the name of and other prescribed information
concerning the applicant, the inventor and the agent, if any, and the title
of the invention.
(3) Where the applicant is not the inventor, the request shall be
accompanied by a statement justifying the applicant’s right to the patent.