TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 88

Exclusions

3.7.

Under the United Kingdom 1977 Act and the EPC, the following inventions are not capable of being patented "to the extent that a patent or application for a patent relates to that thing as such":

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discoveries, scientific theories and mathematical methods;

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(b)

aesthetic creations;

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(c)

schemes, rules and matters for performing mental acts, playing games or doing business, and programmes for computers;

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(d)

presentations of information;

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(e)

medical and veterinary treatments, surgical, therapeutical or diagnostic methods;

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(f)

inventions which are immoral; and

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plant or animal varieties or essential biological processes for the production of plants and animals.

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3.8.

The exceptions listed above are those of the United Kingdom and EPC systems. As there is no international standard as to what can be excluded from patentability, countries have different rules for this. Some countries also exclude other or further types of technology (such as pharmaceuticals) from being patentable. This may give rise to tensions in trade relations as is shown by citations, in 1991 by the United States Trade Representative, of China, India and Thailand under section 301 of the US Trade Act. Although these are largely resolved it is recognised that one of the reasons for the citations was the allegation that those countries do not provide patent protection for pharmaceutical products. It is a major thrust of the negotiations in TRIPS and WIPO that patents should be available in all fields of technology.

Standards concerning patentability of non-excluded technology

3.9.

In order for a valid patent to be granted under the United Kingdom 1977 Act and the EPC, an invention must be novel, involve an inventive step and be capable of being industrially applied. This reflects the standards which are under discussion in TRIPS and WIPO.

Novelty

3.10.

In order to be novel the invention must not form part of the prior art. The invention must not be known anywhere in the world at the date of application for the patent.

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