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Patentability What are the criteria for patentability in your jurisdiction? There are two forms of protection available under the Patents Act:
- Patents – an invention is patentable if it is new, involves an inventive step and is industrially applicable.
- Utility innovation – an innovation is eligible for a utility innovation certificate if it is new and industrially applicable.
What are the limits on patentability? The following are excluded from patentability:
- discoveries, scientific theories and mathematical methods;
- plant or animal varieties or essentially biological processes for the production of plants or animals, other than manmade living microorganisms, microbiological processes and the products of microorganism processes;
- schemes, rules or methods for doing business, performing purely mental acts or playing games; and
- methods of treatment for humans or animals by surgery or therapy, and diagnostic methods practised on humans or animals.
However, these restrictions do not apply to products used in any such methods.
Are there restrictions on any other kinds of invention? Inventions that would be contrary to public order or morality are excluded from patentability.
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