305. Who can apply for and obtain a patent.

Any person1 may make an application for a patent2 either alone or jointly with another3. A patent for an invention4 may, however, be granted:

  1.  

    (1)     primarily to the inventor or joint inventors5;

  2.  

    (2)     in preference to the inventor or joint inventors, to any person or persons who, by virtue of any enactment or rule of law, or any foreign law or treaty or international convention, or by virtue of an enforceable term of any agreement entered into with the inventor before the making of the invention, was or were at the time of the making of the invention entitled