(11)
Where any party who has given notice of opposition or of appeal, does not reside or
carry on business, and does not possess property, in Mauritius, the Tribunal may
require him to give security for costs of the proceedings before it relating to the
opposition or appeal, and in default of such security being given, may treat the
opposition or appeal as abandoned.
PART III – PATENTS
11.
Definitions
(1)
For the purposes of this part"patent" means the title granted to protect an invention; "invention" means an idea
of an inventor which provides the solution to a specific problem in the field of
technology.
(2)
For the purposes of subsection (1), an invention may be, or may relate to a product
or a process.
(3)
The following, even if they are inventions within the meaning of subsection (1),
shall be excluded from patent protection (a)
discoveries, scientific theories and mathematical methods;
(b)
schemes, rules or methods for doing business, performing purely mental acts
or playing games;
(4)
12.
(c)
methods for treatment of the human or animal body by surgery or therapy, as
(d)
well as diagnostic methods practised on the human or animal body;
plants;
(e)
animals;
(f)
essentially biological processes for the production of plants and animals;
(g)
plant varieties; and
(h)
literary, dramatic, musical or artistic works or any other aesthetic creation
whatsoever.
Notwithstanding subsection (3), any product used in any of the methods referred to
in subsection (3)(c), shall not be excluded from protection.
Patentable inventions
(1)
An invention shall be patentable under this Act where it(i)
is new;
(ii)
involves an inventive step;
(iii) is capable of industrial application.
(2)
An invention is new where it is not anticipated by prior art.
(3)
For the purposes of subsection (2), prior art shall consist of anything disclosed
to the public, anywhere in the world, by publication in tangible form or by oral
disclosure, by use or in any other way, prior to the filing or, where applicable,
the priority date, of the application claiming the invention.
(4)
For the purposes of subsection (3), disclosure to the public of the invention shall
not be taken into consideration where (a)
it occurred within 12 months preceding the filing date or, where applicable,
the priority date of the application; and