No. 4907
Government Gazette 23 March 2012
Act No. 1, 2012
19
INDUSTRIAL PROPERTY ACT, 2012
as defined in sections 12(1) and 14 but excluding section 14(3), it is not obvious to a
person skilled in the art.
(2)
For purposes of subsection (1), an invention is deemed obvious when
the prior art provides motivation to try the invention, or when the method of making a
claimed product is disclosed in or rendered obvious by a single piece or combination of
pieces of prior art.
Industrial application
16.
An invention may be considered to be industrially applicable if it can
be made or used in any kind of industry.
Matter excluded from patentability
17.
(1)
(a)
discoveries, scientific theories and mathematical methods;
(b)
a literary, dramatic, musical or artistic work or any other aesthetic
creation;
(c)
schemes, rules or methods for doing business, performing purely
mental acts or playing games;
(d)
programmes for computers;
(e)
presentations of information;
(f)
diagnostic, therapeutical and surgical methods for the treatment of
humans or animals;
(g)
plants and animals other than micro-organisms and any essentially
biological processes for the production of plants and animals other than
non-biological and microbiological processes;
(h)
the human body and all its elements in whole or in part;
(i)
the whole or part of natural living beings and biological materials found
in nature, even if isolated from it or purified, including the genome or
germplsam;
(j)
new uses, methods of use, forms, properties of a known product or
substance and already used for specific purposes and changes of shape,
dimensions, proportions or materials in the subject matter applied for,
except where the qualities of the subject matter are essentially altered
or where its use solves a technical problem that did not previously have
an equivalent solution; and
(k)
new use of a known process, machine or apparatus unless such known
process results in a new product or employs at least one new reactant.
The following are excluded from patentability: