Title: | Articles 3 and 26, §1, of the Law on Industrial Property No. 07-1006/1 of 12/02/2009 |
Field of IP: | Patents |
Type of flexibility: | Exclusion from patentability of plants |
Summary table: |
Definitions
Article 3
Certain terms used in this Law shall have the following meaning:
- “Plants” shall be living plants or living parts of pants, including also fresh fruit and seeds;
- “Plant products” shall be products of plants in which have not been processed or which underwent simple preparation: grinding, drying or pressing, with the exception of the plants themselves;
Exceptions to patentability
Article 26
A patent may not protect an invention:
- which relates to new animal types and plant varieties and clear biological procedures for creating animals and plants, with the exception of biotechnological inventions, for which the technical feasibility is not restricted to a certain type, and microbiological processes and products generated from such processes;