Legislation and legislative functions, Business Law and Ethics

Assignment Help:

Question :

This is an extract of the Mauritian Patents, Industrial Design and Trademarks Act 2002.

12. Patentable inventions

(1) An invention shall be patentable under this Act where it-
(i) is new;
(ii) involves an inventive step;
(iii) is capable of industrial application.
(2) An invention is new where it is not anticipated by prior art.
(3) For the purposes of subsection (2), prior art shall consist of anything 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 applicable, the priority date, of the application claiming the invention.

(4) For the purposes of subsection (3), disclosure to the public of the invention shall not be taken into consideration where -

(a) it occurred within 12 months preceding the filing date or, where applicable, the priority date of the application; and
(b) it was by reason or in consequence of acts committed by the applicant or his predecessor in title or of an abuse committed by a third party with regard to the applicant or his predecessor in title.

(5) An invention shall be considered as involving an inventive step where, having regard to the prior art relevant to the application claiming the invention, it would not have been obvious to a person having ordinary skill in the art.

(6) An invention shall be considered industrially applicable where it can be made or used in any kind of industry.

(7) For the purposes of subsection (6), the term "industry" shall be construed in its broadest sense and shall also cover, handicraft, agriculture, fishery and services.

(8) Any commercial exploitation of an invention, which is contrary to public order or morality, shall not be patentable.

(i) Give a brief analysis of this section while paying particular attention to the following terms ‘invention' and ‘prior art'.

(a) What problems might a court face concerning (a) in defining those terms in relation to a computer invention which basically is an assembly of codes obeying logical (mathematical) relationships.
(b) Assuming a patent was given to Word Processor 1.0. In version 5.0 of the programme, new features have been added such as much improved formatting features and a spell check. Can version 5.0 be patented? Explain your answer.

(ii) Do you think this section of the Patents, Industrial Designs and Trademarks Act 2002 is clear, ambiguous or vague? Explain your answer.


Related Discussions:- Legislation and legislative functions

Criminal law, Criminal Law: However criminal law has been defined as t...

Criminal Law: However criminal law has been defined as the law of crimes.  So a crime has been defined just like an act or omission or committed, omitted in violation of publi

What are the key elements of a conflict, Question: (i) Define the te...

Question: (i) Define the term "conflict", "grievance" and "dispute" (ii) What are the key elements of a conflict? (iii) Describe the transformation process of a

Identify the ethical issues, Mr. Gomez a former managing partner of the Gra...

Mr. Gomez a former managing partner of the Grant Thornton accounting firm, is currently serving first half of a 12- year prison term. In 1986, 39 year old Gomez pleaded guilty t

Advertising gambit, Bagra Used Cars Ltd. has as the most prominent show on ...

Bagra Used Cars Ltd. has as the most prominent show on its lot an immaculate, highly polished model which rotates slowly on a raised circular platform under powerful floodlights. T

Directors powers, Directors Powers: Equity regards directors as holdin...

Directors Powers: Equity regards directors as holding their powers on trust for the company. They can only exercise those powers for the benefit of the company, otherwise the

Statute law, STATUTE LAW: There this is an Act of Parliament.  Whether...

STATUTE LAW: There this is an Act of Parliament.  Whether this is law made through parliament directly in exercise of legislative power conferred upon it through the constitut

What is the effect of smuggling and distribution of drugs, What is the effe...

What is the effect of smuggling and distribution of drugs International Criminal Law does not refer to the traditional crimes like murder and theft. A crime of an international

Variation of class rights of the preference shareholders, Variation of clas...

Variation of class rights of the preference shareholders: This was not a variation of class rights of the preference shareholders.  The company could resolve to go keen on liq

Internal and external environment, This project requires you to choose an o...

This project requires you to choose an organisation of your own choice and discuss on the following with respect to your chosen organisation: External Environment Mega

Account the organisation that you work for and its industry, Suppose your e...

Suppose your employer wanted to include a restraint of trade clause in your employment agreement. Prepare and set out an instance of this clause that would be applicable to you in

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd