Cap. 417 Art. 4Patentable inventions.

(1) Inventions which are new, involve an inventive step and are susceptible of industrial applications, shall be patentable:

Provided that such inventions shall also be patentable even if they concern a product consisting of or containing biological material or a process by means of which biological material is produced, processed or used:

Provided further that biological material which is isolated from its natural environment or produced by means of a technical process may be subject of an invention if it previously occurred in nature.

(2) The following, in particular, shall not be regarded as inventions within the meaning of subarticle (1):

(a) discoveries, scientific theories and mathematical methods;

(b) aesthetic creations;

(c) schemes, rules and methods for performing mental acts, playing games or doing business and programs for computers;

(d) presentations of information.

(3) The provisions of subarticle (2) shall exclude the patentability of the subject matter or activities referred to in that subarticle only to the extent to which a patent application or patent relates to such subject matter or activities as such.

(4) A method for the treatment of the human or animal body by surgery or therapy and a diagnostic method practised on the human or animal body shall not be regarded as an invention capable of industrial application for the purposes of subarticle (1): Provided that this subarticle shall not apply to products, in particular substances or compositions, for use in any of these methods.

(5) A patent shall not be granted in respect of:

(a) an invention the exploitation of which would be contrary to public order or morality: Provided that exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation;

(b) the human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene: Provided that an element isolated from the human body or otherwise produced by means of a technical process, including the sequence or partial sequence of a gene, may constitute a patentable invention, even if the structure of that element is identical to that of a natural element;

(c) processes for cloning the human body, processes for modifying the germ line genetic identity of the human body and uses of the human embryo for industrial or commercial purposes;

(d) processes and products for modifying the genetic identity of animals which are likely to cause them suffering without any substantial medical benefits to man or animal;

(e) plant and animal varieties: Provided that patents shall not be granted for plant varieties only after a new form of plant variety protection is introduced in such form as may be prescribed: Provided further that a patent may still be granted for a plant variety in respect of which a patent application is still pending on the date that a new form of plant variety protection is prescribed;

(f) essentially biological process of the production of plants or animals: Provided that this is without prejudice to the patentability of inventions which concern a microbiological or other technical process or a product obtained by means of such a process;

(g) DNA sequence not containing any technical information and in particular any indication of its function.

(6) Inventions which concern plants or animals shall be patentable if the technical feasibility of the invention is not confined to a particular plant or animal variety.

(7) The Minister may make regulations to modify any of the provisions of this article other than article (5)(a), (b), (c) and (d) for the purpose of maintaining them in conformity with developments in science and technology.