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.