Common use of Patentable Subject Matter Clause in Contracts

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. 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, step and are capable of industrial application108. application.5 Subject to paragraph 4 of Article 65, paragraph 8 of Article 70 and paragraph 3 and Section M (Transition Periods and Technical Assistance)of this Article, patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology, technology and whether products are imported or locally produced. 2. A Party Members may exclude from patentability inventions, the prevention within its 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, 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 regulationstheir law. 3. A Party Members may also exclude from patentability: : (a) diagnostic, therapeutic, therapeutic and surgical methods for the treatment of humans or animals; 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. (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, each Party 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 Parties shall review provisions of this subparagraph upon any amendment to subparagraph 3(b) shall be reviewed four years after the date of Article 27 entry into force of the TRIPS Agreement with a view to deciding whether to adopt a similar amendment to this subparagraphWTO Agreement.

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. application.0 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. 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, step and are capable of industrial application108application. 5 Subject to paragraph 4 of Article 65, paragraph 8 of Article 70 and paragraph 3 and Section M (Transition Periods and Technical Assistance)of this Article, patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology, technology and whether products are imported or locally produced. 2. A Party Members may exclude from patentability inventions, the prevention within its 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, 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 regulationstheir law. 3. A Party Members may also exclude from patentability: : (a) diagnostic, therapeutic, therapeutic and surgical methods for the treatment of humans or animals; 5For 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. (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, each Party 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 Parties shall review provisions of this subparagraph upon any amendment to subparagraph 3(b) shall be reviewed four years after the date of Article 27 entry into force of the TRIPS Agreement with a view to deciding whether to adopt a similar amendment to this subparagraphWTO Agreement.