Section 7: Patentable inventions

7. Patentable inventions.—(1) Any invention is patentable, if it is new, involves an inventive step and is capable of industrial application. (2) Subject to sub­section (3), the following shall not be regarded as invention within the meaning of sub­section (1), namely:— (a) a discovery, scientific theory or mathematical method; (b) a literary, dramatic, musical or artistic work or any other creation of purely aesthetic character whatsoever; (c) a scheme, rule or method for performing a mental act, playing a game of doing business 1*. (d) the presentation of information 2[;and] 3[(e) substances that exist in nature or if isolated therefrom.] (3) The provisions of sub­section (2) shall prevent anything from being treated as an invention for the purposes of this Ordinance only to the extent that a patent or an application for a patent relates to that thing as such. (4) A patent shall not be granted: 4[(a) for invention the prevention of commercial exploitation of which would be necessary to protect the “ordre public” or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by any law for the time being in force;] 5[(b) for plants and animals other than micro­organisms, and essentially biological processes for the production of plants or animals other than non­biological and microbiological processes;] (c) for 6[diagnostic,] therapeutic and surgical methods for the treatment of humans or animals; 7[(d) for a new or subsequent use of a known product or process; and (e) for a mere change in physical appearance of a chemical product where the chemical formula or process of manufacture remains the same provided that this clause shall not apply to an invention fulfilling the criteria of patentability.] 1The word “and” omitted by the Patents (Amdt.) Ordinance 2002 (95 of 2002), s. 4. 2Subs.and added ibid., for full stop. 3New clause (e) added ibid., 4Subs. ibid; for clause (a). 5Subs. Ibid. 6Subs. ibid., for “diagnostic”. 7New clauses (d) and (e) added ibid.,

Effective date: 2000-01-01

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