Unión Europea
Albania
Patentes (incluida la protección de variedades vegetales)
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed without any exclusions. If exclusions are provided for, please describe in detail how these exclusions are applied in legal as well as practical terms.
Exclusions from patentability are specified in Article 3, paragraphs 2-7 as follows: 2) The following, in particular, shall not be regarded as inventions within the meaning of paragraph (1): a) discoveries, scientific theories and mathematical methods; b) aesthetic creations; c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; d) presentations of information. 3) The provisions of paragraph (2) shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a patent application or patent relates to such subject-matter or activities as such. 4) A patent shall not be granted in respect of an invention the publication or exploitation of which would be contrary to public order or morality. 5) No patents shall be granted for substances obtained through internal nuclear transformations for military purposes. 6) No patents shall be granted for inventions of surgical, diagnostic or therapeutical methods practised on the human or animal body, as they shall be regarded as inventions which are not susceptible of industrial application within the meaning of paragraph (1). This provision shall not apply to inventions relating to substances and devices for use in any of these methods. 7) No patents shall be granted in respect of plant or animal varieties or essentially biological processes for the production of plants or animals; this provision does not apply to microbiological processes or the products thereof.