Patent II

Question 1

Exclusions v Exceptions

Answer 1

Exclusions = not patentable because subject matter is not deemed an invention
Exceptions = not patentable because of public policy reasons

Question 2

Exclusions

Answer 2

Section 9(2) Patents Act 1992
Any of the following in particular shall not be regarded as an invention within the meaning of subsection (1):
(a) a discovery, a scientific theory or a mathematical method,
(b) an 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.

Question 3

Exceptions

Answer 3

Section 10 Patents ACT 1992
A patent shall not be granted in respect of:

(a) an invention the publication or exploitation commercial exploitation of which would be contrary to public order or morality, provided that the exploitation shall not be deemed to be so contrary only because it is prohibited by law;

(b) a plant or animal variety or an essentially biological process for the production of plants or animals other than a micro-biological process or the products thereof. thereof;

(c) a method for treatment of the human or animal body by surgery or therapy and a diagnostic method practised on the human or animal body.

Section 10(2): Subsection (1)(c) shall not apply to products, in particular substances or compositions, for use in any such method.