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

Purpose and advantage of monitoring, Explain what are the primary & seconda...

Explain what are the primary & secondary sources of information that you can use to conduct your research. If it is primary/secondary, or both state reasons for your answer.

State the two alternatives of policy clustering, State the two alternatives...

State the two alternatives of Policy Clustering That combines an element from each of these first two alternatives. One might think of it as a set of processes characterized by

Treaty on principles governing the activities of states, Treaty on Principl...

Treaty on Principles governing the activities of States The Treaty on Principles governing the activities of States in the Exploration and Use of Outer space, including the mo

Labor law promote, The college contacted the state labor relations commissi...

The college contacted the state labor relations commission (LRC) to dismiss the petition due to the law did not needs collective bargaining for those who perform services as studen

How would you ensure that the code is effective, QUESTION 1 You are giv...

QUESTION 1 You are given the task to make a Code of Ethics for your organization (a) Describe a Code of Ethics (b) What are the different aspects/issues that you might in

Define your point of view about international legal relation, Define your p...

Define your point of view about international legal relation. International legal relations: International law covers the matters which may occur between countries not li

Distinguish an action in administrative law, QUESTION 1 Enumerate and c...

QUESTION 1 Enumerate and comment upon the number and nature of the grounds on the basis of which a citizen may challenge the decision of a public body. Illustrate your answer w

Explain international law on terrorism, Normal 0 false false ...

Normal 0 false false false EN-IN X-NONE X-NONE MicrosoftInternetExplorer4

What are the elements in the tort of negligence, What are the elements in t...

What are the elements in the tort of negligence? There should be two elements, in tort as: a. The breach of legal duty or injuria. b. Loss suffered through defendant damn

Explain court of final appeal arrived, Read Fateh Muhammad v Commissioner o...

Read Fateh Muhammad v Commissioner of Registration [2001] 2 HKLRD 659 which can be found in the westlaw HK website of our library database in which there is a summary of what the c

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