810 No. 40 of 2016] Inventive step Industrial application Patents (2) The novelty of an invention shall not be destroyed if disclosure— (a) of the invention occurred within twelve months preceding the date of filing of the application for the grant of a patent; (b) was due to, or made in consequence of, the matter having been obtained unlawfully or in breach of confidence by any person— (i) from the inventor or any other person to whom the matter was made available in confidence by the inventor or who obtained it from the inventor because the person or the inventor believed that the person was entitled to obtain it; or (ii) from any other person to whom the matter was made available in confidence by any person mentioned in subparagraph (i) or in this subparagraph or who obtained it from any person so mentioned because that person or the person from whom that person obtained it believed that such person was entitled to obtain it; (c) was made due to, or in consequence of, the inventor displaying the invention at an international exhibition, recognised by the Agency, and the applicant states, on lodging an application for the grant of a patent, that the inventor has notified, in the prescribed manner, that the invention has been so displayed and, within the prescribed period and in accordance with any prescribed conditions, files written evidence in support of the statement; or (d) was to the public for the purpose of providing the result of a research undertaken by any university, research institution or development institution, within six months preceding the date of lodging an application for the grant of a patent. 19. An invention shall be considered to involve an inventive step if it is not obvious to a person ordinarily skilled in the art, on the date of filing of the application for the grant of patent or, where priority is claimed, on the priority date validly claimed. 20. An invention shall be considered to be capable of industrial application if it can be made or used in an industry.

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