Lecture notes
Intellectual property law
- Module
- Intellectual Property
- Institution
- The University Of Liverpool (UoL)
exclusions of patent law
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INTELLECTUAL PROPERTY LAW II:(LAW339)
LECTURE 4
PATENTABLE SUBJECT MATTER – EXCLUSIONS TO PATENTABILITY
Dr. Sujitha Subramanian
,Recap:
Patentability criteria comprise of FIVE core elements – three positive and two negative
In terms of positive elements, for an invention to be patentable:
1. the invention must possess novelty (it must be new)
2. there must be an inventive step (it must possess something that is not obvious to the skilled add
here there must be sufficiency in disclosure to the extent that the person skilled in the art can car
invention
3. the invention must be capable of industrial applicability (it must have some practical utility) have
utility
In terms of negative elements, for an invention to be patentable:
1. Patent must not fall under excluded subject matter or
2. Patent must not fall within one of the exceptions to the patentability lists
In the last lecture we covered novelty, inventive step and industrial applicability
In this lecture we will gain a basic understanding of some of the negative elements to patentability
, Section 1, Patents Act
Patentable inventions
(1)A patent may be granted only for an invention in respect of which the following conditions are satisfied, that is to say—
(a)the invention is new;
(b)it involves an inventive step;
(c)it is capable of industrial application;
(d)the grant of a patent for it is not excluded by subsections (2) and (3) [F1 or section 4A] below;
and references in this Act to a patentable invention shall be construed accordingly.
(2)It is hereby declared that the following (among other things) are not inventions for the purposes of this Act, that is to say, anything which
(a)a discovery, scientific theory or mathematical method;
(b)a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever;
(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;
but the foregoing provision shall prevent anything from being treated as an invention for the purposes of this Act only to the extent tha
application for a patent relates to that thing as such.
[F2(3)A patent shall not be granted for an invention the commercial exploitation of which would be contrary to public policy or moralit
(4)For the purposes of subsection (3) above exploitation shall not be regarded as contrary to public policy or morality only because it is proh
law in force in the United Kingdom or any part of it.]
(5)The Secretary of State may by order vary the provisions of subsection (2) above for the purpose of maintaining them in conformity with d
in science and technology; and no such order shall be made unless a draft of the order has been laid before, and approved by resolution of, e
Parliament.
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