1.

What Is Patentable Subject Matter?

Answer»

To be patentable, an invention should fall within the scope of patentable subject matter as DEFINED by the patent statute. The invention must be a product or a process in order to be eligible for patent PROTECTION. With regard to medicine or DRUG and certain classes of chemicals no patent was granted for the product itself even if new, only the process of MANUFACTURING the substance was patentable. After the Patents Amendment Ordinance, 2004, which commenced on January 1st, 2005, the provision relating to food, drugs and other chemicals have been omitted. Both product and process patents are now available for Food and Drugs.

An invention, which is a product or process, is not eligible for a patent grant, if it falls within the scope of non patentable inventions mentioned under SECTION 3 of the Patent Act.

To be patentable, an invention should fall within the scope of patentable subject matter as defined by the patent statute. The invention must be a product or a process in order to be eligible for patent protection. With regard to medicine or drug and certain classes of chemicals no patent was granted for the product itself even if new, only the process of manufacturing the substance was patentable. After the Patents Amendment Ordinance, 2004, which commenced on January 1st, 2005, the provision relating to food, drugs and other chemicals have been omitted. Both product and process patents are now available for Food and Drugs.

An invention, which is a product or process, is not eligible for a patent grant, if it falls within the scope of non patentable inventions mentioned under section 3 of the Patent Act.



Discussion

No Comment Found