PATENTS ACT 1990 - SECT 18 Patentable inventions

PATENTS ACT 1990 - SECT 18

Patentable inventions for the purposes of a standard patent

  (1)   Subject to subsection   (2), an invention is a patentable invention for the purposes of a standard patent if the invention, so far as claimed in any claim:

  (a)   is a manner of manufacture within the meaning of section   6 of the Statute of Monopolies; and

  (b)   when compared with the prior art base as it existed before the priority date of that claim:

  (i)   is novel; and

  (ii)   involves an inventive step; and

  (c)   is useful; and

  (d)   was not secretly used in the patent area before the priority date of that claim by, or on behalf of, or with the authority of, the patentee or nominated person or the patentee's or nominated person's predecessor in title to the invention.

Patentable inventions for the purposes of an innovation patent

  (1A)   Subject to subsections   (2) and (3), an invention is a patentable invention for the purposes of an innovation patent if the invention, so far as claimed in any claim:

  (a)   is a manner of manufacture within the meaning of section   6 of the Statute of Monopolies; and

  (b)   when compared with the prior art base as it existed before the priority date of that claim:

  (i)   is novel; and

  (ii)   involves an innovative step; and

  (c)   is useful; and

  (d)   was not secretly used in the patent area before the priority date of that claim by, or on behalf of, or with the authority of, the patentee or nominated person or the patentee's or nominated person's predecessor in title to the invention.

  (2)   Human beings, and the biological processes for their generation, are not patentable inventions.

Certain inventions not patentable inventions for the purposes of an innovation patent

  (3)   For the purposes of an innovation patent, plants and animals, and the biological processes for the generation of plants and animals, are not patentable inventions.

  (4)   Subsection   (3) does not apply if the invention is a microbiological process or a product of such a process.

[ Note: see also sections   7 and 9 .]