Japón

Sudáfrica

Patentes (incluida la protección de variedades vegetales)

[Follow-up question from the US] Please confirm that microorganism and non-biological and microbiological processes for the production of plants and animals fall into the scope of patentable subject matter in South Africa.

It is confirmed that micro-organisms, and non-biological and microbiological processes and the products thereof constitute patentable subject matter in South Africa. Section 25(4)(b) of the Patents Act provides as follows: "(4) A patent shall not be granted (a) ... (b) for any variety of animal or plant or any essential biological process for the production of animals or plants, not being a micro-biological process or the product of such a process". This provision is interpreted to mean that the following do not fall within the exclusion: - micro-organisms - micro-biological processes and the products of such processes - non-biological processes for the production of animals or plants.