Novelty

(1) An invention is considered to be new if it does not form part of prior art. (2) For the purpose of this Act, 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. (3) For the purpose of sub-section (2), the disclosure to the public of matter constituting an invention shall not be taken into consideration if it occurred within twelve months immediately preceding the filing date or, where priority is claimed, the priority date of the application, and the disclosure was due to or in consequence of– (a) acts committed by the applicant or his predecessor in title; or (b) an abuse committed by a third party with regard to the applicant or his predecessor in (4) In the case of an invention consisting of a substance or composition for use in a method of treatment of the human or animal body by surgery or therapy, or of diagnosis practised on the human or animal body, the fact that the substance or composition forms part of prior art shall not prevent the invention from being taken to be new if the use of the substance or composition in any such method does not form part of prior art.