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

How are the commissioners appointed, QUESTION (i) (a) What is the compo...

QUESTION (i) (a) What is the composition of the Public Service Commission?     (b) How are the commissioners appointed? (ii) (a) What is the composition of the Judicial a

What are the limitations on economic rights, Question 1: (a) What are t...

Question 1: (a) What are the considerations that apply for a computer contract? (b) How is Industrial Property protected in Mauritius? Question 2: Explain the princi

Labour laws , Labour Laws: The small units manufacturing items reserved fo...

Labour Laws: The small units manufacturing items reserved for manufacture in small scale sector do not require any prior license. This is a major relaxation where no licensing or

Game theoretic approach to multiparty coalition, Game theoretic approach to...

Game theoretic approach to multiparty coalition The seminal work, for the study of game theoretic approach to multiparty coalition formation is Ricker's (1962) titled the theor

Assets in the possession of creditors, ASSETS IN THE POSSESSION OF CREDITOR...

ASSETS IN THE POSSESSION OF CREDITORS:  If the creditor has seized assets in the course of executing a judgement for debt against the company and at the commencement of the wi

England Judicial System, England Judicial System Moreover the current ...

England Judicial System Moreover the current England judicial system is prearranged in the form of a pyramid, along with the Court of Appeal at the apex there the High Court i

Court-martial, Court-Martial Establishment Moreover Section 65 ...

Court-Martial Establishment Moreover Section 65 (1) of the Constitution empowers Parliament to establish court martial that shall have such jurisdiction and powers as m

Case, Corgi was the breeder of prize-winning pedigree dogs that often sold ...

Corgi was the breeder of prize-winning pedigree dogs that often sold for very high prices. Reynolds, a wealthy businessman who had recently retired, decided to purchase one of thes

State montevideo convention, State Montevideo Convention Montevideo C...

State Montevideo Convention Montevideo Convention states : "The political existence of the state is independent of recognition by other States. Even before recognition the st

Trade unions - unincorporated associations, Trade Unions - Unincorporated A...

Trade Unions - Unincorporated Associations Therefore these are registered under S.11 of the Trade Unions Act 1952 into the primary object of regulating the relations between e

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