Patents Ordinance, 2000 — section 7

7. Patentable inventions..—(1) Any invention is patentable, if it is new, involves an inventive step and is capable of industrial application.

(2)Subject to sub-section (3), the following shall not be regarded as invention within the meaning of sub-section (1), namely:

(a)a discovery, scientific theory or mathematical method;

(b)a literary, dramatic, musical or artistic work or any other creation of purely aesthetic character whatsoever;

(c)a scheme, rule or method for performing a mental act, playing a game of doing business 1*.

(d)the presentation of information 2[;and] 3 [(e) substances that exist in nature or if isolated therefrom.]

(3)The provisions of sub-section (2) shall prevent anything from being treated as an invention for the purposes of this Ordinance only to the extent that a patent or an application for a patent relates to that thing as such.

(4)A patent shall not be granted: 4 [(a) for invention the prevention of commercial exploitation of which would be necessary to protect the “ordre public” or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by any law for the time being in force;] 5 [(b) for plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes;]

(c)for 6[diagnostic,] therapeutic and surgical methods for the treatment of humans or animals; 7 [(d) for a new or subsequent use of a known product or process; and

(e)for a mere change in physical appearance of a chemical product where the chemical formula or process of manufacture remains the same provided that this clause shall not apply to an invention fulfilling the criteria of patentability.] 1 The word “and” omitted by the Patents (Amdt.) Ordinance 2002 (95 of 2002), s. 4. 2 Subs.and added ibid., for full stop. 3 New clause (e) added ibid., 4 Subs. ibid; for clause (a). 5 Subs. Ibid. 6 Subs. ibid., for “diagnostic”. 7 New clauses (d) and (e) added ibid., 8. Novelty.-(1) An invention shall be considered to be new if it does not form part of the state of the art.

(2)The state of the art shall comprise

(a)everything disclosed to the public anywhere in the world, by publication in tangible form or by oral disclosure, by use or in any other way, prior to the filing or, where appropriate, the priority date, of the application claiming the invention; 1[or]

(b)contents of the complete specification and priority documents published under section 21 of an application filed in Pakistan. 2 [(c) traditionally developed or existing knowledge available or in possession of a local or indigenous community.] 3 [(3) Notwithstanding the provisions of sub-section (2), disclosure of a patentable invention in respect of goods shall not constitute, ‘state of the art’ if an article is exhibited at any official or officially recognized international exhibition within twelve months preceding the date of filing of an application for grant of patent. If later on, the right of priority is invoked, then the period shall start from the date of introduction of the article into the exhibition. The Controller may require proof, with such documentary evidence as considered necessary, of the identity of the article exhibited and the date of its introduction into the exhibition.]

(4)In this section references to the inventor include references to any proprietor of the invention for the time being. 9. Inventive step. An invention shall be considered as involving an inventive step if it has not been obvious to a person, prior to the date of application for a patent, skilled in the art having regard to any matter which forms part of the state of art by virtue of 4* * * section 8.