- Keywords > compulsory licences
- Keywords > intellectual property laws
- Keywords > intellectual property protection (IPP)
- Keywords > parallel importation
- Keywords > patentability criteria - policy options
- Keywords > patents
- Keywords > pharmaceutical legislation
- Keywords > public health
- Keywords > Trade Related Aspects of the Intellectual Property Rights (TRIPS)
- Keywords > TRIPS flexibilities
(2000; 140 pages) [French] [Spanish]
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:
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.