§13.3. Patentable Inventions a) An invention is patentable if it is industrially applicable, new and involves an inventive step. b) An invention shall be considered industrially applicable if it can be made in any kind of industry leading to the production of goods and services; it shall include, among others, manufacturing, handicraft, agriculture, fishery and services. c) An invention is new if it does not from part of the state of the art. d) The state of the art shall consist of everything disclosed to the public, anywhere in the world, by publication or by oral disclosure, by use or in any other way, or by deposit of a material in any deposit institution, prior to the filing or, where appropriate, the priority date, of the application claiming the invention. The content of any patent application, the filing or priority date of which is earlier than the filing or priority date of the application claiming the invention, and which is subsequently published, shall also be considered as comprised in the state of the art for the purposes of determining novelty and inventive step. e) For the purposes of determining novelty and inventive step, disclosure to the public of an invention shall not be taken into consideration if it occurred within twelve months preceding the filing date or, where applicable, the priority date of the application, and if it was by reason or in consequence of an abuse committed by a third party with regard to the applicant or his predecessor in title, or by reason of any act committed by the applicant or his predecessor in title, other than the filing of an application to patent or otherwise obtain legal registration for the invention, with an industrial property authority. f) An invention shall be considered as involving an inventive step if, having regard to the state of the art, including written and non-written knowledge, it would not have been obvious to a person in the field with ordinary skill, creativity and intuition. An inventive step will not exist when the invention can be directly derived from the combination of any pieces of prior art. g) In the case of chemical substances of therapeutic use, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives thereof shall not be deemed to involve an inventive step unless they meet the requirement set out in subsection (f) of this Section and they result in a significant enhancement of the therapeutic efficacy of the known substance. Advantageous properties such as thermodynamic stability, lower hygroscopicity and potency of a substance shall not be deemed to constitute an enhancement of therapeutic efficacy. §13.4. Right to Patent; Naming of Inventor a) The right to a patent shall belong to the inventor. b) If two or more persons have jointly made an invention, the right to the patent shall belong to them jointly. 67