Article 5
Industrial Applicability
An invention shall be considered industrially applicable if it can be made or used in any
kind of industry. The term “industry” shall be understood in its broadest sense; in particular
it shall cover handicraft, agriculture, fishery and services.
Article 6
Non-Patentable Subject Matter
Patents shall not be granted for the following:
(a) inventions the exploitation of which is contrary to public policy or morality,
provided that the exploitation of the invention shall not be considered contrary to public
policy or morality merely because it is prohibited by law or regulation;
(b) discoveries, scientific theories and mathematical methods;
(c) inventions having as their subject matter plant varieties, animal species and
essentially biological processes for the breeding of plants or animals other than
microbiological processes and the products of such processes;
(d) schemes, rules or methods for doing business, performing purely mental acts or
playing games;
(e) methods for the treatment of the human or animal body by surgery or therapy,
including diagnostic methods;
(f) mere presentations of information;
(g) computer programs;
(h) works of an exclusively ornamental nature;
(i) literary, architectural and artistic works or any other aesthetic creation.
Article 7
Rights Conferred by the Patent
(1) Subject to the conditions and within the limits set by this Annex, the patent shall
confer on its owner the exclusive right to work the patented invention.
(2) Subject to the conditions and within the limits set by this Annex, the owner of the
patent shall have the right to prohibit any person from working the patented invention.
(3) For the purposes of this Annex, the “working” of a patented invention means one or
other of the following acts:
(a) where the patent has been granted for a product:
(i) manufacturing, importing, offering for sale, selling and using the product,
(ii) holding the product for the purposes of offering it for sale, selling it or using it;
(b) where the patent has been granted for a process:
(i) using the process,
(ii) engaging in the acts mentioned in subparagraph (a) above in relation to a product
resulting directly from the use of the process.