PA 1 - Patentable Inventions

Question 1

What are the requirements for a patent to be granted

Answer 1

S1(1)
An invention must:
- be NEW
- involve an INVENTIVE STEP
- be capable of INDUSTRIAL APPLICATION
- NOT BE excluded by subsections (2) or (3)

Question 2

What are NOT inventions i.e. what is EXCLUDED by means of S1

Answer 2

(2)(a) a discovery, scientific theory or mathematical method
(b) a literary, dramatic, musical or artistic work or any other aesthetic creation
(c) a scheme, rule or method for performing a mental act, playing a game or doing business, or a program for a computer
(d) the presentation of information;
to the extent that it relates to that thing AS SUCH

(3) where commercial exploitation of the invention would be IMMORAL or CONTRADICT PUBLIC PLOICY (not necessarily equating with illegal)

Question 3

Are there other exclusions not in S1

Answer 3

Yes - Medical (S4A) + Biotech bits (Schedule A2)

Question 4

What does “as such” mean for excluded subject matter

Answer 4

What the inventor really added to human knowledge

Aerotel test:

i) properly construe the claim
ii) identify the actual contribution
iii) ask if this falls solely within an exclusion
iv) check that the contribution is technical

Question 5

What are the Medical Exclusions

Answer 5

S4A - exclusions based upon methods of treatment or diagnosis;

Question 6

What are the Schedule A2 exemptions

Answer 6

Biotechnological Inventions, excluded matter includes:
human body; gene sequences discovered in it;
cloning humans
modifying the human germ line
industrial or commercial exploitation of human embryos
genetic modification of animals without significant medical benefit
genetically modified animals
individual plant or animal varieties (covered by UPOV)

but NOT simply because it concerns a product bio material , or using, producing or processing bio material