An invention shall be considered to be new if it does not form part of the state of the art which includes :

(a) everything disclosed to the public anywhere in the world, by publication in tangible form or by oral disclosure, by use or in any other way, prior to the filing or, where appropriate, the priority date, of the application claiming the invention; or

(b) contents of the complete specification and priority documents published under section 21 of an application filed in Pakistan;

(c) traditionally developed or existing g knowledge available or in possession of a local or indigenous community. Right to patent for invention made by employee.-

The right to the patent for an invention made by an employee during the course of his employment in the area of activity of the employer shall, in the absence of contractual obligation to the contrary belong to the inventor unless the employer proves that the invention could not have been made without the use of employer’s facilities, equipment and the like necessary for the invention.