États-Unis d'Amérique
Brevets (y compris la protection des variétés végétales)
15. Please describe in detail the way in which the patent law of Barbados 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.
Section 11 of the Patents Act provides that "(1) Whether or not they constitute an invention within the meaning of this Act, the following are not patentable under this Act, namely, (a) discoveries, scientific theories and mathematical methods; (b) schemes, rules or methods for: (i) the carrying on of business; (ii) the performing of acts of a mental nature only; or (iii) the playing of games; (c) methods for treatment of human beings or animals by surgery or therapy; (d) diagnostic methods practised on human beings or animals; (e) plant varieties, animal varieties and essentially biological processes for the production of plants other than microbiological processes and the products of those processes; or (f) an invention, the commercial exploitation of which would be contrary to public order or morality or which is prejudicial to human or animal health or to plant life or the environment. (2) Paragraphs (c) and (d) of subsection (1) do not extend to products invented for use in the methods referred to in those paragraphs." The exceptions contained in paragraphs (a) and (b) do not fall within the definition of patentable development as set out in Article 27.1 of the TRIPS Agreement. In practical terms, no application containing these elements is accepted by the Registrar as valid. Plant varieties are dealt with in the Protection of New Plant Varieties Act 2001, which has been notified to the TRIPS Council. Inventions not falling within the above cited exceptions, and satisfying the criteria of novelty, inventive step, and industrial applicability as provided in section 7 of the Act, are patentable and thus satisfy Article 27 of the TRIPS Agreement.