The draft Law on Patents and Utility Models contains exceptions which do not go beyond those allowed under Article 27 of the TRIPS Agreement. The exceptions provided by virtue of Article 1 and 3 of the draft Law are:
a) Inventions, the prevention of the commercial exploitation of which is necessary to protect public order or morality or to avoid serious damage to the environment.
b) Plants and animals, other than micro organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes.
c) Diagnostic, therapeutic and surgical methods for the treatment of humans or animals, excluding products used for such methods.
d) Scientific discoveries, theories and mathematical methods.
Article 1 of the draft Law provides that patents are available for any inventions, whether products or processes, provided they are new, involve an inventive step and are capable of industrial application.
Article 1 further provides that an invention is capable of industrial application if it can be applied or exploited in any field of technology.
