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ARTICLE-27: Patentable Subject Matter [go to this ARTICLE]
... Patentable Subject Matter ...
... 1. Subject
to the provisions of paragraphs 2 and 3, patents shall be
available for any inventions, whether products or processes, in all
fields of technology, provided that they are new, involve an
inventive step and are capable of industrial application.(5)
Subject to paragraph 4 of Article 65, paragraph 8 of
Article 70 and paragraph 3 of this Article, patents shall
be available and patent rights enjoyable without discrimination as to
the place of invention, the field of technology and whether products
are imported or locally produced. ...
... 1. Subject
to the provisions of paragraphs 2 and 3, patents shall be
available for any inventions, whether products or processes, in all
fields of technology, provided that they are new, involve an
inventive step and are capable of industrial application.(5)
Subject to paragraph 4 of Article 65, paragraph 8 of
Article 70 and paragraph 3 of this Article, patents shall
be available and patent rights enjoyable without discrimination as to
the place of invention, the field of technology and whether products
are imported or locally produced. ...
... 1. Subject
to the provisions of paragraphs 2 and 3, patents shall be
available for any inventions, whether products or processes, in all
fields of technology, provided that they are new, involve an
inventive step and are capable of industrial application.(5)
Subject to paragraph 4 of Article 65, paragraph 8 of
Article 70 and paragraph 3 of this Article, patents shall
be available and patent rights enjoyable without discrimination as to
the place of invention, the field of technology and whether products
are imported or locally produced. ...
... 2. Members
may exclude from patentability inventions, the prevention within
their territory of the commercial exploitation of which is necessary
to protect 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 their law. ...
... 3. Members
may also exclude from patentability: ...
... (b) 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. However, Members shall provide for the
protection of plant varieties either by patents or by an effective
sui generis system or by any combination thereof. The
provisions of this subparagraph shall be reviewed four years after
the date of entry into force of the WTO Agreement. ...
ARTICLE-28: Rights Conferred [go to this ARTICLE]
... (a) where the subject matter of a patent is a
product, to prevent third parties not having the owner's
consent from the acts of: making, using, offering for sale, selling,
or importing(6)
for these purposes that product; ...
... (b) where the subject matter of a patent is a process, to prevent
third parties not having the owner's consent from the act of
using the process, and from the acts of: using, offering for
sale, selling, or importing for these purposes at least the product
obtained directly by that process. ...
... 2. Patent
owners shall also have the right to assign, or transfer by
succession, the patent and to conclude licensing contracts. ...
... 2. Patent
owners shall also have the right to assign, or transfer by
succession, the patent and to conclude licensing contracts. ...
ARTICLE-29: Conditions on Patent Applicants [go to this ARTICLE]
... 1. Members
shall require that an applicant for a patent shall disclose the
invention in a manner sufficiently clear and complete for the
invention to be carried out by a person skilled in the art and may
require the applicant to indicate the best mode for carrying out the
invention known to the inventor at the filing date or, where priority
is claimed, at the priority date of the application. ...
... 2. Members
may require an applicant for a patent to provide information
concerning the applicant's corresponding foreign applications
and grants. ...
ARTICLE-30: Exceptions to Rights Conferred [go to this ARTICLE]
... Members
may provide limited exceptions to the exclusive rights conferred by a
patent, provided that such exceptions do not unreasonably conflict
with a normal exploitation of the patent and do not unreasonably
prejudice the legitimate interests of the patent owner, taking
account of the legitimate interests of third parties. ...
... Members
may provide limited exceptions to the exclusive rights conferred by a
patent, provided that such exceptions do not unreasonably conflict
with a normal exploitation of the patent and do not unreasonably
prejudice the legitimate interests of the patent owner, taking
account of the legitimate interests of third parties. ...
... Members
may provide limited exceptions to the exclusive rights conferred by a
patent, provided that such exceptions do not unreasonably conflict
with a normal exploitation of the patent and do not unreasonably
prejudice the legitimate interests of the patent owner, taking
account of the legitimate interests of third parties. ...
ARTICLE-31: Other Use Without Authorization of the Right Holder [go to this ARTICLE]
... Where
the law of a Member allows for other use(7)
of the subject matter of a patent without the authorization of the
right holder, including use by the government or third parties
authorized by the government, the following provisions shall be
respected: ...
... (b) such use may only be permitted if, prior to such use, the
proposed user has made efforts to obtain authorization from the right
holder on reasonable commercial terms and conditions and that such
efforts have not been successful within a reasonable period of time.
This requirement may be waived by a Member in the case of a national
emergency or other circumstances of extreme urgency or in cases of
public non-commercial use. In situations of national emergency or
other circumstances of extreme urgency, the right holder shall,
nevertheless, be notified as soon as reasonably practicable. In the
case of public non-commercial use, where the government or
contractor, without making a patent search, knows or has demonstrable
grounds to know that a valid patent is or will be used by or for the
government, the right holder shall be informed promptly; ...
... (b) such use may only be permitted if, prior to such use, the
proposed user has made efforts to obtain authorization from the right
holder on reasonable commercial terms and conditions and that such
efforts have not been successful within a reasonable period of time.
This requirement may be waived by a Member in the case of a national
emergency or other circumstances of extreme urgency or in cases of
public non-commercial use. In situations of national emergency or
other circumstances of extreme urgency, the right holder shall,
nevertheless, be notified as soon as reasonably practicable. In the
case of public non-commercial use, where the government or
contractor, without making a patent search, knows or has demonstrable
grounds to know that a valid patent is or will be used by or for the
government, the right holder shall be informed promptly; ...
... (l) where such use is authorized to permit the exploitation of a
patent ("the second patent") which cannot be exploited
without infringing another patent ("the first patent"), the
following additional conditions shall apply: ...
... (l) where such use is authorized to permit the exploitation of a
patent ("the second patent") which cannot be exploited
without infringing another patent ("the first patent"), the
following additional conditions shall apply: ...
... (l) where such use is authorized to permit the exploitation of a
patent ("the second patent") which cannot be exploited
without infringing another patent ("the first patent"), the
following additional conditions shall apply: ...
... (l) where such use is authorized to permit the exploitation of a
patent ("the second patent") which cannot be exploited
without infringing another patent ("the first patent"), the
following additional conditions shall apply: ...
... (i) the invention claimed in the second patent shall involve an
important technical advance of considerable economic significance in
relation to the invention claimed in the first patent; ...
... (i) the invention claimed in the second patent shall involve an
important technical advance of considerable economic significance in
relation to the invention claimed in the first patent; ...
... (ii) the owner of the first patent shall be entitled to a
cross-licence on reasonable terms to use the invention claimed in the
second patent; and ...
... (ii) the owner of the first patent shall be entitled to a
cross-licence on reasonable terms to use the invention claimed in the
second patent; and ...
... (iii) the use authorized in respect of the first patent shall be
non-assignable except with the assignment of the second patent. ...
... (iii) the use authorized in respect of the first patent shall be
non-assignable except with the assignment of the second patent. ...
ARTICLE-32: Revocation/Forfeiture [go to this ARTICLE]
... An
opportunity for judicial review of any decision to revoke or forfeit
a patent shall be available. ...
ARTICLE-34: Process Patents: Burden of Proof [go to this ARTICLE]
... 1. For the
purposes of civil proceedings in respect of the infringement of the
rights of the owner referred to in paragraph 1(b) of Article 28,
if the subject matter of a patent is a process for obtaining a
product, the judicial authorities shall have the authority to order
the defendant to prove that the process to obtain an identical
product is different from the patented process. Therefore, Members
shall provide, in at least one of the following circumstances, that
any identical product when produced without the consent of the patent
owner shall, in the absence of proof to the contrary, be deemed to
have been obtained by the patented process: ...
... 1. For the
purposes of civil proceedings in respect of the infringement of the
rights of the owner referred to in paragraph 1(b) of Article 28,
if the subject matter of a patent is a process for obtaining a
product, the judicial authorities shall have the authority to order
the defendant to prove that the process to obtain an identical
product is different from the patented process. Therefore, Members
shall provide, in at least one of the following circumstances, that
any identical product when produced without the consent of the patent
owner shall, in the absence of proof to the contrary, be deemed to
have been obtained by the patented process: ...
... 1. For the
purposes of civil proceedings in respect of the infringement of the
rights of the owner referred to in paragraph 1(b) of Article 28,
if the subject matter of a patent is a process for obtaining a
product, the judicial authorities shall have the authority to order
the defendant to prove that the process to obtain an identical
product is different from the patented process. Therefore, Members
shall provide, in at least one of the following circumstances, that
any identical product when produced without the consent of the patent
owner shall, in the absence of proof to the contrary, be deemed to
have been obtained by the patented process: ...
... 1. For the
purposes of civil proceedings in respect of the infringement of the
rights of the owner referred to in paragraph 1(b) of Article 28,
if the subject matter of a patent is a process for obtaining a
product, the judicial authorities shall have the authority to order
the defendant to prove that the process to obtain an identical
product is different from the patented process. Therefore, Members
shall provide, in at least one of the following circumstances, that
any identical product when produced without the consent of the patent
owner shall, in the absence of proof to the contrary, be deemed to
have been obtained by the patented process: ...
... (b) if there is a substantial likelihood that the identical product
was made by the process and the owner of the patent has been unable
through reasonable efforts to determine the process actually used. ...
... 2. Where
pursuant to an application under this Section the release of goods
involving industrial designs, patents, layout-designs or undisclosed
information into free circulation has been suspended by customs
authorities on the basis of a decision other than by a judicial or
other independent authority, and the period provided for in
Article 55 has expired without the granting of provisional
relief by the duly empowered authority, and provided that all other
conditions for importation have been complied with, the owner,
importer, or consignee of such goods shall be entitled to their
release on the posting of a security in an amount sufficient to
protect the right holder for any infringement. Payment of such
security shall not prejudice any other remedy available to the right
holder, it being understood that the security shall be released if
the right holder fails to pursue the right of action within a
reasonable period of time. ...
ARTICLE-65: Transitional Arrangements [go to this ARTICLE]
... 4. To the
extent that a developing country Member is obliged by this Agreement
to extend product patent protection to areas of technology not so
protectable in its territory on the general date of application of
this Agreement for that Member, as defined in paragraph 2, it
may delay the application of the provisions on product patents of
Section 5 of Part II to such areas of technology for an
additional period of five years. ...
... 4. To the
extent that a developing country Member is obliged by this Agreement
to extend product patent protection to areas of technology not so
protectable in its territory on the general date of application of
this Agreement for that Member, as defined in paragraph 2, it
may delay the application of the provisions on product patents of
Section 5 of Part II to such areas of technology for an
additional period of five years. ...
ARTICLE-70: Protection of Existing Subject Matter [go to this ARTICLE]
... 6. Members
shall not be required to apply Article 31, or the requirement in
paragraph 1 of Article 27 that patent rights shall be
enjoyable without discrimination as to the field of technology, to
use without the authorization of the right holder where authorization
for such use was granted by the government before the date this
Agreement became known. ...
... 8. Where a
Member does not make available as of the date of entry into force of
the WTO Agreement patent protection for pharmaceutical and
agricultural chemical products commensurate with its obligations
under Article 27, that Member shall: ...
... (a) notwithstanding the provisions of Part VI, provide as from
the date of entry into force of the WTO Agreement a means by which
applications for patents for such inventions can be filed; ...
... (b) apply to these applications, as of the date of application of
this Agreement, the criteria for patentability as laid down in this
Agreement as if those criteria were being applied on the date of
filing in that Member or, where priority is available and claimed,
the priority date of the application; and ...
... (c) provide patent protection in accordance with this Agreement as
from the grant of the patent and for the remainder of the patent
term, counted from the filing date in accordance with Article 33
of this Agreement, for those of these applications that meet the
criteria for protection referred to in subparagraph (b). ...
... (c) provide patent protection in accordance with this Agreement as
from the grant of the patent and for the remainder of the patent
term, counted from the filing date in accordance with Article 33
of this Agreement, for those of these applications that meet the
criteria for protection referred to in subparagraph (b). ...
... (c) provide patent protection in accordance with this Agreement as
from the grant of the patent and for the remainder of the patent
term, counted from the filing date in accordance with Article 33
of this Agreement, for those of these applications that meet the
criteria for protection referred to in subparagraph (b). ...
... 9. Where a
product is the subject of a patent application in a Member in
accordance with paragraph 8(a), exclusive marketing rights shall
be granted, notwithstanding the provisions of Part VI, for a
period of five years after obtaining marketing approval in that
Member or until a product patent is granted or rejected in that
Member, whichever period is shorter, provided that, subsequent to the
entry into force of the WTO Agreement, a patent application has been
filed and a patent granted for that product in another Member and
marketing approval obtained in such other Member.
...
... 9. Where a
product is the subject of a patent application in a Member in
accordance with paragraph 8(a), exclusive marketing rights shall
be granted, notwithstanding the provisions of Part VI, for a
period of five years after obtaining marketing approval in that
Member or until a product patent is granted or rejected in that
Member, whichever period is shorter, provided that, subsequent to the
entry into force of the WTO Agreement, a patent application has been
filed and a patent granted for that product in another Member and
marketing approval obtained in such other Member.
...
... 9. Where a
product is the subject of a patent application in a Member in
accordance with paragraph 8(a), exclusive marketing rights shall
be granted, notwithstanding the provisions of Part VI, for a
period of five years after obtaining marketing approval in that
Member or until a product patent is granted or rejected in that
Member, whichever period is shorter, provided that, subsequent to the
entry into force of the WTO Agreement, a patent application has been
filed and a patent granted for that product in another Member and
marketing approval obtained in such other Member.
...
... 9. Where a
product is the subject of a patent application in a Member in
accordance with paragraph 8(a), exclusive marketing rights shall
be granted, notwithstanding the provisions of Part VI, for a
period of five years after obtaining marketing approval in that
Member or until a product patent is granted or rejected in that
Member, whichever period is shorter, provided that, subsequent to the
entry into force of the WTO Agreement, a patent application has been
filed and a patent granted for that product in another Member and
marketing approval obtained in such other Member.
...