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Legislative Implementation of Flexibilities - Republic of Moldova

Title:Articles 6 (2) (a) and (4) and 7 (1) (c) and (d) and (2) of the Law on the protection of Inventions No. 50-XVI of 07/03/ 2008
Field of IP:Patents
Type of flexibility:Patentability of substances existing in nature
Summary table:PDF

Provisions of Law

Article 6

Patentable Inventions

(2) The following shall not be regarded as inventions within the meaning of paragraph (1):

a) discoveries, scientific theories and mathematical methods;

(4) Inventions in the field of biotechnology shall be deemed patentable if they concern:

a) biological material which is isolated from its natural environment or produced by means of a technical process even if it previously occurred in nature;

b) plants or animals if the technical feasibility of the invention is not confined to a particular plant or animal variety;

c) a microbiological process or other technical process, or a product obtained by means of such a process other than a plant or animal variety;

d) an element isolated from the human body or otherwise produced by means of a technical process, including the sequence or partial sequence of a gene, even if the structure of that element is identical to that of a natural element.

Article 7

Exceptions to Patentability

(1) Patents shall not be granted within the meaning of this Law in respect of:

c) essentially biological processes for the production of plants or animals; this provision shall not apply to microbiological processes or the products thereof;

d) inventions concerning the human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene;

(2) Patents shall not be granted within the meaning of paragraph 1(a) in respect of biotechnological inventions which, in particular, concern the following:

a) processes for cloning human beings;

b) processes for modifying the germ line genetic identity of human beings;

c) uses of human embryos for industrial or commercial purposes;

d) processes for modifying the genetic identity of animals which are likely to cause them suffering without any substantial medical benefit to man or animal, and also animals resulting from such processes.

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