European Union
Saint Kitts and Nevis
Patents (including Plant Variety Protection)
23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial application.
Novelty Section 9 of the Patents Act provides that an invention shall be considered new if the invention does not form part of prior art. Prior art in relation to an invention means anything which has, at any time prior to the filing date or, where priority is claimed, the priority date, of the application claiming the invention, been disclosed to the public anywhere in the world by oral or written description, by use, or in any other way. Inventiveness An invention shall be considered to involve an inventive step if, having regard to the prior art relevant to the application claiming the invention as defined in subsection (2) of section 8, it is not obvious to a person having ordinary skill in the art [s. 8(3)] Industrial Application An invention shall be considered to be capable of industrial application if it can be made or used in any kind of industry including agriculture, fishery, handicraft and services [s. 8(4)].