[台灣] 不予專利項目
專利法 - 2017年實行
第二十四條 下列各款，不予發明專利：
一、動、植物及生產動、植物之主要生物學方法。但微生物學之生產方法，不在此限。
二、人類或動物之診斷、治療或外科手術方法。
三、妨害公共秩序或善良風俗者。
[中國] 不予專利項目
專利法 - 2008年修正
第二十五条 对下列各项，不授予专利权：
（一）科学发现；
（二）智力活动的规则和方法；
（三）疾病的诊断和治疗方法；
（四）动物和植物品种；
（五）用原子核变换方法获得的物质；
（六）对平面印刷品的图案、色彩或者二者的结合作出的主要起标识作用的设计。
对前款第（四）项所列产品的生产方法，可以依照本法规定授予专利权。
[美國] 接受
[歐洲] 不予專利項目
Article 53 Exceptions to patentability (related to Art. 54, 100, 138 & R. 28, 29)
European patents shall not be granted in respect of:
(a) inventions the commercial exploitation of which would be contrary to "ordre public" or morality; such exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation in some or all of the Contracting States;
(b) plant or animal varieties or essentially biological processes for the production of plants or animals; this provision shall not apply to microbiological processes or the products thereof;
(c) methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body; this provision shall not apply to products, in particular substances or compositions, for use in any of these methods.
[日本] 不具產業利用性
Examination Guidelines for Patent and Utility Model
3.1 List of industrially inapplicable inventions
An invention considered as any one of (i) to (iii) shown below does not comply with the industrial applicability requirements. (i) Inventions of methods of surgery, therapy or diagnosis of humans (see 3.1.1) (ii) Commercially inapplicable inventions (see 3.1.2) (iii) Obviously impracticable inventions (see 3.1.3)
[韓國] 不具產業利用性
(PUBLICATIONS) UNDERSTANDING THE PATENT ACT OF THE REPUBLIC OF KOREA
CHAPTER 1 PATENTS AND UTILITY MODEL RIGHT
I. Patents
2. Objective requirements
A. Positive requirements for patentability
(2) Industrial applicability
One of the purposes of a patent system is to develop industry.
“Industry” shall include, but shall not be limited to, manufacturing, farming, forestry, stock farming, and supplementary industrial fields such as transportation service, traffic business, etc. “Medical services” shall include services that involve medical treatment and examination, but shall not include preventive medical activities to human beings as defined under the scope of “Industry” as prescribed by Patent Act due to humanitarian concerns.
[印度] 不予專利項目
Patents Act, 1972/4/20生效
Chapter II Inventions not Patentable
3. The following are not inventions within the meaning of this Act,-
(a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws;
(b) an invention the primary or intended use of which would be contrary to law or morality or injurious to public health;
(c) the mere discovery of a scientific principle or the formulation of an abstract theory;
(d) the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant;
(e) a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;
(f) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;
(g) a method or process of testing applicable during the process of manufacture for rendering the machine, apparatus or other equipment more efficient or for the improvement or restoration of the existing machine, apparatus or other equipment or for the improvement or control of manufacture;
(h) a method of agriculture or horticulture;
(i) any process for the medicinal, surgical, curative, prophylactic or other treatment of human beings or any process for a similar treatment of animals or plants to render them free of disease or to increase their economic value or that of their products.
留言列表
