Act 3 Industrial Property Act 2014 (3) Where 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 that leads to the grant of a patent, has the right to the patent. (4) The right to a patent may be assigned or may be transferred by succession. (5) Sections 51 to 65 apply, with the necessary modifications, to contracts assigning the right to a patent. 18. Unauthorised application based on an invention of another person. Where an applicant has obtained the essential elements of the invention which is the subject of his or her application from the invention of another person, he or she shall, unless authorised by the person who has the right to the patent or who owns the patent, assign to that person the application or, where the patent has already been granted, the patent. 19. Inventions made in execution of commission or by employee. (1) Notwithstanding section 18 and in the absence of a contract to the contrary, the right to a patent for an invention made in execution of a commission or of a contract of employment, belongs to the person having commissioned the work or to the employer. (2) Where the invention referred to in subsection (1) is of exceptional importance the employee has a right to equitable remuneration taking into consideration his or her salary and the benefit derived by the employer from the invention. (3) Subsection (1) applies where a contract of employment does not require the employee to exercise any inventive activity but when the employee has made the invention by using data or means available to him or her during his or her employment. 22