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

Paralegal, Is there a demand for paralegals in the blackbelt area of alabam...

Is there a demand for paralegals in the blackbelt area of alabama

On which convention international humanitarian law is based, On which conve...

On which convention International humanitarian law is based International humanitarian law  is  not  wholly  based  on  the  Geneva  Convention and  Hague convention. These law

Define the term - bliss point, Define the term - bliss point A country...

Define the term - bliss point A country's bliss point is the outcome of monetary growth rates that gives that country its highest possible level of welfare. The bliss point fo

Determine the role of policy entrepreneurs, Determine the role of Policy en...

Determine the role of Policy entrepreneurs These couplings are made, Kingdon argues that policy "entrepreneurs" brokers or middlemen, known as Policy entrepreneurs, play a key

Introduction to research methodology, The research methods module arrives t...

The research methods module arrives towards the end of the MBA programme and is not only intended to integrate knowledge acquired on the programme, but also to provide an understan

AUDITING, EXPLAIN THE KNGSTON COTTON MILL CASE

EXPLAIN THE KNGSTON COTTON MILL CASE

Define power, 1. How does the Melian dialogue represent key concepts such a...

1. How does the Melian dialogue represent key concepts such as self-interest, the balance of power, alliance, capabilities, empires and justice? Athenian leaders arrive on the is

Briefly outline the role of the state in employee relations, Question 1: ...

Question 1: (a) Briefly outline the role of the State in Employee Relations. (b) Write short notes on any three of the following: (i) The Ministry of Labour and Industrial

Ratio decidendi, Ratio Decidendi Conversely "ratio decidendi" of a cas...

Ratio Decidendi Conversely "ratio decidendi" of a case consists of the material facts of such case and the decision made through the judge on the basis of those facts.  So hen

Explain universal jurisdiction of criminal jurisdiction, Explain Universal ...

Explain Universal jurisdiction of criminal jurisdiction It is concerned with the application of a State's criminal jurisdiction in respect of offences committed against the int

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