20 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 (2) For the purposes of subsection (l)(j), salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, enantiomers, complexes, combinations, compositions, formulations, dosage forms, admixtures and other derivatives of known substances must be considered to be substances. Exclusion from patentability on grounds of morality or public order 18. (1) Inventions the commercial exploitation of which would be contrary to public order or morality are excluded from patentability, except that an invention will not be so excluded merely because the exploitation thereof is prohibited by law. (2) For the purposes of subsection (1), public order or morality includes considerations relating to (a) the patentability and protection of human, animal or plant life or health; or (b) the avoidance of serious harm to the environment. PART 2 RIGHT TO PATENT Right to a patent 19. (1) The right to a patent belongs to the inventor. (2) If two or more persons have jointly made an invention, the right to apply for the patent belongs to them jointly. (3) If and to the extent to which 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, and which application leads to the grant of a patent has the right to the patent for the duration of the patent. (4) The right to a patent may be assigned, or may be transferred by succession or otherwise by operation of law. Naming of inventor 20. (1) The inventor must be named as such in the application for a patent and in the patent, unless in a written declaration addressed to the Registrar and lodged with the Registrar prior to the grant of the patent the inventor declares that he or she wishes not to be named. (2) Any promise or undertaking by the inventor made to any person to the effect that he or she will make a declaration as contemplated in subsection (1) has no legal effect.