Estados Unidos de América
Saint Kitts y Nevis
Patentes (incluida la protección de variedades vegetales)
13. Please describe in detail the way in which the patent law of Saint Kitts and Nevis implements Article 27 of the TRIPS Agreement, indicating any exceptions to patentability 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 law.
Section 8 of the Patents Act provides that a patent can be granted for an invention that is new, involves an inventive step and is capable of industrial application. The invention may be or relate to a product or process. However, s. 10 provides that even if there are inventions that fall within those boundaries, they would be excluded from patentability if the commercial exploitation of such inventions are contrary to public order or morality, prejudicial to human, animal or plant life or health or prejudicial to the environment. Additionally, inventions that consist of the following cannot be patented, that is: (a) discovery, scientific theory or mathematical method; (b) a scheme, rule or method for doing business, performing a mental act of playing a game; and (c) methods for the treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practised on the human or animal body (this does not apply to products for use in any of the methods specified above).