Title: | Section 62 (3) (a) and (b) of the Intellectual Property Act No. 36 of 2003 |
Field of IP: | Patents |
Type of flexibility: | Patentability of substances existing in nature |
Summary table: |
Definition of invention. 62
(3) The following, notwithstanding they are inventions within the meaning of subsection (1), shall not be patentable:
(a) discoveries, scientific theories and mathematical methods ;
(b) plants, animals and other micro organism other than transgenic micro organism and an essentially biological process for the production of plants and animals other than non-biological and microbiological processes :
Provided however, that a patent granted in respect of micro-organisms shall be subject to the provisions of this Act;