The following in particular shall not be considered inventions within the meaning of the
first paragraph of this Article:
(a) purely ornamental creations;
(b) discoveries, scientific theories and mathematical methods;
(c) schemes, rules and methods intended for use:
— in the performance of purely mental acts,
— in games,
— in the field of economic activity,
— in connection with software;
(d) methods of therapeutic and surgical treatment of the human body or of animals and
diagnostic methods applied to the human body or to animals; these provisions shall not apply
to preparations or in particular to products and compositions used for the purposes of the
application of any such method;
(e) presentations of information;
(f) all types of live substance existing in nature.
The exceptions to the provisions of the second paragraph of this Article with regard to
the patentability of the subject matter listed shall apply only to that subject matter as such.
3. A patent may not be issued for:
— varieties of plants, animal breeds or essentially biological processes for the
production of plants or animals, provided that this provision shall not apply to biological
processes used in medicine or to products obtained using such processes;
— inventions the publication or implementation of which would be contrary to
morality, public policy, public health or the protection of the environment.
The patent cannot be considered implemented by virtue of the mere fact that it is limited
by a legal or regulatory provision.
4. An invention that is not included in the state of the art is novel.
The state of the art is constituted by everything that has been made accessible to the
public, by written or oral description, by use or in any other way, prior to the filing date of the
patent application or the priority date validly claimed for the application.
The state of the art shall also include the contents of any application for a Tunisian
patent that has a filing date, or where applicable a priority date, earlier than the date of the
patent application referred to in the second paragraph of this Article, and has not been
published until that date or until a later date.
For the application of the first, second and third paragraphs of this Article, disclosure of
the invention shall not be taken into consideration where it occurred within the 12 months
preceding the filing date, or where applicable the priority date, of the patent application, and
where it is the direct or indirect result of a manifest abuse practised on the applicant or on his
legal predecessor.

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