Title: | Patent Act (Act No. 121 of 13/04/1959, as last amended by Act No. 30 of 08/05/2012) |
Field of IP: | Patents |
Type of flexibility: | Exclusion from patentability of plants |
Summary table: |
No explicit provision of law.
EXAMINATION GUIDELINES FOR PATENT AND UTILITY MODEL Part VII, Chapter 2 “Biological Inventions”, Section 3 Plants
3.2.1 Invention Not Falling within "Industrially Applicable Invention"
(1) Mere discovery which is not a creation
Example: A newly discovered plant per se.
(2) Inventions incapable of industrial application
Inventions whose utility is not described or cannot be inferred.