Patentable Subject Matter. 1. Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application.5 Subject to paragraph 4 of Article 65, paragraph 8 of Article 70 and paragraph 3 of this Article, patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced.
2. Members may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect 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 their law.
3. Members may also exclude from patentability:
(a) diagnostic, therapeutic and surgical methods for the treatment of humans or animals;
(b) plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof. The provisions of this subparagraph shall be reviewed four years after the date of entry into force of the WTO Agreement.
Patentable Subject Matter. If Sponsor determines within thirty (30) days after receipt of the copies that the proposed presentation or publication contains patentable subject matter which needs protection, the researcher(s) shall refrain from making the presentation or publication for a maximum of three (3) months in order for University to file patent application(s).
Patentable Subject Matter. 1. Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application.5 Subject to paragraph 4 of Article 65, 5 For the purposes of this Article, the terms "inventive step" and "capable of industrial application" may be deemed by a Member to be synonymous with the terms "non-obvious" and "useful" respectively. paragraph 8 of Article 70 and paragraph 3 of this Article, patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced.
2. Members may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect 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 their law.
3. Members may also exclude from patentability:
(a) diagnostic, therapeutic and surgical methods for the treatment of humans or animals;
(b) plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof. The provisions of this subparagraph shall be reviewed four years after the date of entry into force of the WTO Agreement.
Patentable Subject Matter. 1. Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application.
Patentable Subject Matter. Subject to paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step, and are capable of industrial application108. Subject to paragraph 3 and Section M (Transition Periods and Technical Assistance), patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology, and whether products are imported or locally produced. A Party may exclude from patentability inventions, the prevention within its territory of the commercial exploitation of which is necessary to protect 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 its laws and regulations. A Party may also exclude from patentability: diagnostic, therapeutic, and surgical methods for the treatment of humans or animals; and plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, each Party shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof. The Parties shall review this subparagraph upon any amendment to subparagraph 3(b) of Article 27 of the TRIPS Agreement with a view to deciding whether to adopt a similar amendment to this subparagraph.
Patentable Subject Matter. In the event that any project reports, presentations or publications contain patentable subject matter or other valuable intellectual property, by mutual agreement of the parties, such materials may be withheld from public disclosure until the material is adequately protected by filing of patents or registering copyrights or trademarks.
Patentable Subject Matter. (1) Patents shall be available for all inventions, whether they concern products or processes, in all fields of technology.
(2) Parties may exclude from patentability any invention or discovery which is useful solely in the utilization of special nuclear material or atomic energy in an atomic weapon.
Patentable Subject Matter. (1) Patents shall be granted for any inventions, whether products or processes, which are susceptible of industrial application, which are new and which involve an inventive step.
(2) Contracting parties may exclude from patentability: - inventions, the publication or exploitation of which would be contrary to "ordre public" or morality; - plant or animal varieties or essentially biological processes for the production of plants or animals; this does not apply to microbiological processes or the products thereof.
(3) Contracting parties shall provide for the protection of plant varieties by patents and/or by an effective sui generis system.
(4) Patents shall be available according to the first-to-file principle.
Patentable Subject Matter. 1. Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inven- tions, whether products or processes, in all fields of technology, provided that they are new, in- volve an inventive step and are capable of industrial application.5/ Subject to paragraph 4 of Arti- cle 65, paragraph 8 of Article 70 and paragraph 3 of this Article, patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced.
2. Members may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect 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 their law.
3. Members may also exclude from patentability
(a) diagnostic, therapeutic and surgical methods for the treatment of humans or animals; (b)plants and animals other than microorganisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, Members shall provide for the protection of plant varieties either by patents or by an ef- fective sui generis system or by any combination thereof. The provisions of this subparagraph shall be reviewed four years after the date of entry into force of the WTO Agreement. There are three exceptions to the general rule of patentability. First, under Article 27.2, WTO Members can exclude patenting where inventions are contrary to ordre public (public order), or where inventions are dangerous to human, animal or plant life or health or to the integrity of the environment. Second, Members can also exclude from patentability diagnostic, therapeutic and surgical methods for the treatment of humans or animals (Article 27.3 a). Third, under Article 27.3 (b), mem- bers can exclude plants and animals other than microorganisms and essentially biological processes for the production of plants or animals (natural breeding meth- ods). However, members are required to provide patent protection for non- biological and microbiological processes such as biotechnological xxxx xxxxxxxx- tion and gene transfer. Countries that exclude plant varieties from patent protection are required to provide an effective sui generis system of prote...
Patentable Subject Matter. A. Each Party shall make patents available for any inventions, whether products or processes, in all fields of technology, provided that such inventions are new, result from an inventive step and are capable of industrial application. For the purposes of this Article, a Party may deem the terms "inventive step and "capable of industrial applications" to be synonymous with the terms "non-obvious" and "useful," respectively.
B. Patents shall be available and patent rights enjoyable without discrimination as to the field of technology or whether products are imported or locally produced.
