Under article 27 (a) of the TRIPS agreement of the Member States that are excluded from the ability to obtain a patent on methods of diagnosis, treatment and surgery for the treatment of humans or animals.
This is consistent rule with the operating principle in legislation comparison, which is codified in the legislation of most European countries, citing Article 52/4 of the Convention on the European Patent (Munich Agreement 1973) ([1]). Though the legislation of some countries do not expressly exclude methods of diagnosis and treatment the susceptibility of surgery for the patent, but the general rules necessitates the exclusion of these methods of access to the patent because of its ability to exploit the industrial ([2]).
That's why he spent - under the old French labor law, issued in 1844 - not to be granted a patent for the innovation theme and a new way to prevent pregnancy ([3]).
Not spent as scalability innovative way to eradicate the pituitary gland of animals for the patent. ([4])
TRIPS Agreement did not specify what inventions that are among the methods of diagnosis, treatment and surgery, which opens the door of the dispute over the extent to which methods of contraception, abortion, cosmetic surgery and weight loss methods such as treatment methods. However, the exclusion of this range of innovations from protection can be based on the protection of public order and morality ([5]).
([1]) Article 52/4 of the Convention on Munich for the European patent on it ... do not fall Ways surgery and treatment of human and animal, and diagnostic methods practiced on the human and animal in the counter inventions applicable to industrial. This provision shall not apply to products, in particular substances and compounds that are used to practice these methods. Was quoted by the majority of European countries, this provision in the legislation.
([2]) See: Jacques Azema, Brevet Pharmaceutique. Juris - Classeur, Brevets. Fascicule 230, no 12
Examples of such legislation, the Patent Act and Industrial Designs Egyptian repealed No. 132 of 1949, is to explicitly rule out methods of diagnosis, surgery and treatment of the possibility of obtaining a patent. However, these methods could have been excluded from the possibility of obtaining a patent because of its ability to exploit the industrial application of the rule of the first article of the law.
([3]) Paris 4 nov. 1959: Ann. Prop.Indr. 1959.3921
([4]) Paris 8 janu. 1962: Ann. Prop. Indr. 1962.158
([5]), see:
Edmond McGovern, International Trade Ragulation, Globe field Press, Exeter, England, 1995, § 21.2251
التسميات
Intellectual property