Part I New Domestic Law

Patentability

1 Patentable inventions.

1

A patent may be granted only for an invention in respect of which the following conditions are satisfied, that is to say—

a

the invention is new;

b

it involves an inventive step;

c

it is capable of industrial application;

d

the grant of a patent for it is not excluded by subsections (2) and (3) below;

and references in this Act to a patentable invention shall be construed accordingly.

2

It is hereby declared that the following (among other things) are not inventions for the purposes of this Act, that is to say, anything which consists of—

a

a discovery, scientific theory or mathematical method;

b

a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever;

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;

but the foregoing provision shall prevent anything from being treated as an invention for the purposes of this Act only to the extent that a patent or application for a patent relates to that thing as such.

3

A patent shall not be granted—

a

for an invention the publication or exploitation of which would be generally expected to encourage offensive, immoral or anti-social behaviour;

b

for any variety of animal or plant or any essentially biological process for the production of animals or plants, not being a micro-biological process or the product of such a process.

4

For the purposes of subsection (3) above behaviour shall not be regarded as offensive, immoral or anti-social only because it is prohibited by any law in force in the United Kingdom or any part of it.

5

The Secretary of State may by order vary the provisions of subsection (2) above for the purpose of maintaining them in conformity with developments in science and technology; and no such order shall be made unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.