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Applying for a patent

Patentability

What are the criteria for patentability in your jurisdiction?

In order to be patentable, an invention must be novel, include an inventive step and be industrially applicable.

What are the limits on patentability?

According to the Intellectual Property Law, the following are considered non-inventions:

  • scientific discoveries and theories;
  • mathematical methods;
  • schemes, methods and rules for performing mental acts, playing games and doing business;
  • computer programs;
  • literary, scientific and aesthetic works or creations; and
  • presentations of information.

Further, under the Intellectual Property Law, the following inventions are considered non-patentable:

  • inventions that are contrary to public order or morality;
  • inventions concerning plant or animal varieties or essentially biological processes for the production of plants or animals, excluding the microbiological processes or the products thereof;
  • diagnostic methods that are practised on humans or animals and all such treatment methods, including surgical methods;
  • the human body at various stages of its formation and development and the discovery of one of its elements, including the sequence or partial sequence of a gene; and
  • the use of human embryos for industrial or commercial purposes, including processes for:
    • cloning human beings;
    • modifying the germline or genetic identity of human beings; and
    • modifying the genetic identity of animals in ways that are likely to cause them suffering without any substantial medical benefit to humans or animals.

Are there restrictions on any other kinds of invention?

No.

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