3
Invention patents shall primarily cover
written or oral description, use or any other
inventions which, on the date of filing or of
means.
priority of the related application, have not
yet been patented.
Novelty shall apply to a patent if such
disclosure arises directly or by priority of
Import patents shall cover inventions for
the primary patent.
which, on the date of filing or of priority of
the related application, the holder had
Nevertheless, the disclosure of this
already obtained an invention patent in a
invention, in the six months prior to the
foreign country.
filing of the patent application, shall not
defeat the novel character of an invention,
Improvement patents shall be those which
if such disclosure arises directly or
concern any improvement of an already
indirectly, in addition to what is covered in
patented invention.
Article 23:
• from a characteristic abuse toward the
applicant or his predecessor in title;
Chapter 2 – Patentable inventions
• from the fact that the applicant or his
predecessor in title displayed the
invention in one or more official
Art.6. Any new invention which, arising
exhibitions or exhibitions recognized
from an inventive activity, is capable of
officially by the Democratic Republic
being exploited as the subject matter of
of Congo.
industry or trade, shall be patentable.
Applicants as defined by Chapter 5 of this
Art.7. Under this Law, an invention shall
Title may, within a period of six months
be considered new if it is not included in
starting from the date of closure of the
the prior art.
event, apply for protection and claim the
right of priority from the day on which the
Prior art shall comprise, subject to what is
patented object was displayed.
stipulated in paragraph 3 of this Article,
everything that was accessible to the public
The novelty of an invention must further
prior to the date of filing or the date of
have as its subject a new means, a new
priority of the patent application, through a
application of a known means, a new