Patents And Designs Act Arrangement Of Sections.pdf

1. Patentable inventions
An invention is patentable if it is new, results from inventive activity, and is capable of industrial application. An invention is new if it does not form part of the state of the art. An invention results from inventive activity if it does not obviously follow from the state of the art. An invention is capable of industrial application if it can be manufactured or used in any kind of industry, including agriculture.

2. Right to patent
The right to a patent is vested in the statutory inventor, who is the person who first files or validly claims a foreign priority for a patent application. The true inventor is entitled to be named as such in the patent, and this entitlement is not modifiable by contract. If an invention is made in the course of employment, the right to a patent is vested in the employer. An employee is entitled to fair remuneration if their contract of employment does not require them to exercise inventive activity, or if the invention is of exceptional importance.

3. Patent applications
A patent application must be made to the registrar and contain the applicant's full name and address, a description of the invention, claims, and other prescribed matter. The application must be accompanied by the prescribed fees, a declaration from the true inventor, and a power of attorney if the application is made by an agent. The description must disclose the invention in a manner sufficiently clear and complete for a person skilled in the art to put it into effect. The claims must define the protection sought and not go beyond the limits of the description. A patent application can relate to only one invention, but may include claims for products, manufacturing processes, and applications of those products.