Patents Act, 1992



Patentable inventions.

9.—(1) An invention shall be patentable under this Part if it is susceptible of industrial application, is new and involves an inventive step.

(2) Any of the following in particular shall not be regarded as an invention within the meaning of subsection (1):

(a) a discovery, a scientific theory or a mathematical method,

(b) an aesthetic creation,

(c) a scheme, rule or method for performing a mental act, playing a game or doing business, or a program for a computer,

(d) the presentation of information.

(3) The provisions of subsection (2) shall exclude patentability of subject-matter or activities referred to in that subsection only to the extent to which a patent application or patent relates to such subject-matter or activities as such.

(4) A method for treatment of the human or animal body by surgery or therapy and a diagnostic method practised on the human or animal body shall not be regarded as an invention susceptible of industrial application for the purposes of subsection (1). This provision shall not apply to a product, and in particular a substance or composition, for use in any such method.

(5) The Minister may by order modify any of the provisions of this section or of section 10 (other than paragraph (a)) or section 11 for the purpose of giving effect, in relation to the patentability of inventions, to the European Patent Convention as amended by any international treaty, convention or agreement to which the State is or proposes to become a party.