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Article · Chapter 1 · Conditions of Patentability

The conditions of patentability

The conditions of patentability are:

  1. 1.Novelty: meaning that the invention did not exist in the prior art or industry;
  2. 2.Inventive step: meaning that the invention is not obvious to a person having ordinary skill in the relevant art or industry;
  3. 3.Industrial applicability: meaning that the invention can be made or used in a branch of industry.Note 1 — "Industry" is meant in its broad sense and includes such fields as handicrafts, agriculture, fishing, and services.Note 2 — The prior art or industry means everything that, before the filing date of the application or, where applicable, before the priority date arising from the patent application, has been disclosed to the public anywhere in the world through oral or written publication, practical use, or any other means.Note 3 — Where disclosure of the claimed invention occurred within six months before the filing date or, where applicable, before the priority date, it does not bar registration by the inventor or their representative.Note 4 — The reference point for assessing inventive step shall be the filing date of the application or, where applicable, the date of commencement of the priority right.