Integrating Public Health Concerns into Patent Legislation in Developing Countries
(2000; 140 pages) [French] [Spanish] View the PDF document
Table of Contents
View the documentTHE SOUTH CENTRE
View the documentFOREWORD
View the documentACKNOWLEDGEMENTS
View the documentGLOSSARY*
Open this folder and view contentsI. INTRODUCTION
Open this folder and view contentsII. PATENTABLE SUBJECT MATTER
Open this folder and view contentsIII. SCOPE OF CLAIMS
Close this folderIV. PATENTABILITY REQUIREMENTS
Open this folder and view contentsIV.1 Novelty
Open this folder and view contentsIV.2 Inventive Step
Close this folderIV.3 Industrial Applicability
View the documentIV.3.1 Options - Industrial Applicability
Open this folder and view contentsV. SPECIAL CASES IN PHARMACEUTICALS
Open this folder and view contentsVI. DISCLOSURE
Open this folder and view contentsVII. EXCEPTIONS TO EXCLUSIVE RIGHTS
Open this folder and view contentsVIII. EXAMINATION AND OBSERVATION PROCEDURES
Open this folder and view contentsIX. CLAIMS INTERPRETATION
Open this folder and view contentsX. COMPULSORY LICENSING
View the documentXI. FINAL REMARKS
View the documentREFERENCES
View the documentBACK COVER
 

IV.3.1 Options - Industrial Applicability

In order to avoid the proliferation of patents that may unduly jeopardize innovation and competition in the health sector and, particularly, to avoid the patenting of mere methods of therapeutic treatment (if so desired), patent laws may provide for as precise a concept of industrial applicability as possible, as presented in model option:

Industrial Applicability
Model Option

Patents shall be granted in respect of inventions capable of being manufactured or otherwise industrially used.

This formulation follows the approach applied in European and many other countries, based on the industrial applicability of the invention, rather than on the broader concept of “usefulness” applied in the United States.

 

to previous section
to next section
 
 
The WHO Essential Medicines and Health Products Information Portal was designed and is maintained by Human Info NGO. Last updated: August 29, 2014