European Union
Albania
Patents (including Plant Variety Protection)
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial application.
According to Article 4 of the law: 1) An invention shall be considered novel if it does not form part of the prior art. For the determination of novelty, items of prior art may only be taken into account individually. 2) The prior art shall consist of everything which, before the filing date or, where priority is claimed, the priority date of the application claiming the invention (hereinafter priority date), has been made available to the public by means of publishing, use, demonstration or in any other way. 3) The prior art shall also include the content of any patent application as filed in, or with effect for, the Republic of Albania, to the extent that such application or the patent granted thereon is published subsequently, provided that the filing date or, where priority is claimed the priority date of such application is earlier than the date referred to in paragraph (2). According to Article 5 of the law: An invention shall be considered to involve an inventive step if, having regard to the prior art, it would not have been obvious to a person skilled in the art at the filing date or, where priority is claimed, the priority date of the application claiming the invention. According to Article 6 of the law: An invention shall be considered industrially applicable if it can be made or used in any kind of industry. Industry shall be understood in its broadest sense and shall cover any productive activities and services.