European Union
Saint Kitts and Nevis
Patents (including Plant Variety Protection)
25. Please explain whether your legislation provides for the exclusion of inventions from patentability based on ordre public or morality. If so, please explain the relevant section of your legislation and explain its formulation. Please also explain if it has been applied in practice.
Section 10(3) provides that the patent for an invention that is contrary to public order or morality would not be granted. It is within the discretion of the Registrar, having consideration to other laws and rules on public order and decency, to determine whether the commercial exploitation of an invention would go against public order or morality. There have been no instances on record where a determination had to be made on whether a patent would contravene that provision.