Estados Unidos de América

Bahrein, Reino de

Patentes (incluida la protección de variedades vegetales)

16. Please describe in detail the way in which the patent law of Bahrain implements Article 27 of the TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection for micro-organisms and non-biological and microbiological processes and plant varieties. Please cite to the relevant provisions of the law.

Article 1 of the draft Law on Patents and Utility Models 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. 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 Articles 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. Plant varieties are to be protected by a Law on the Protection of New Plant Varieties. The implementation of Article 27 of the TRIPS Agreement with respect to plant varieties is provided under Article 4 of the said draft which states: "In order to be protected, a plant variety must be new, distinct, uniform, stable and must be designated by a denomination. A variety is deemed new if the period from the first date of marketing or distribution of its propagating material within the State of Bahrain by the breeder or with his consent, for the purpose of exploitation of such variety, does not exceed one year. If it has been marketed or distributed abroad, the period shall not exceed 6 years for trees and vines, or 4 years for other plants. In all cases, the prior period starts from the date of the application. The novelty condition is not lost if the variety is sold or a right to exploit it has been granted elsewhere before protection is granted. A variety is deemed distinct if it is distinguishable by at least one clear characteristic from other known varieties. A variety is deemed uniform if the differences between its elements are within generally excepted limits. A variety is deemed stable if, after repeated propagation, its main characteristics remain unchanged."