Patents Act, 1992
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Novelty. |
11.—(1) An invention shall be considered to be new if it does not form part of the state of the art. | |
(2) The state of the art shall be held to comprise everything made available to the public (whether in the State or elsewhere) by means of a written or oral description, by use, or in any other way, before the date of filing of the patent application. | ||
(3) Additionally, the content of a patent application as filed, of which the date of filing is prior to the date referred to in subsection (2)and which was published under this Act on or after that date, shall be considered as comprised in the state of the art. | ||
(4) The provisions of subsections (1), (2) and (3) shall not exclude the patentability of any substance or composition, comprised in the state of the art, for use in a method referred to in subsection (4) of section 9 provided that its use for any method referred to in the said subsection (4) is not comprised in the state of the art. |