Article 6 of the Patent Law provides for exclusion from patentability as follows:
- plant or animal research, or biological processes for the production of plants or animals, with the exception of microbiological processes and products thereof,
- chemical inventions related to foodstuffs, drugs or pharmaceuticals, unless such products are made by means of special chemical process, in which case protection shall extend only to the process and not to the products of the processes,
- scientific principles and discoveries,
- inventions related to national defense,
- inventions, which, if disclosed or exploited, would be contrary to public order and morality.
To conform to the provisions of the TRIPS Agreement, the draft amendment of the 1992 Patent and Design Law No. 44 will introduce new elements by eliminating the mention of the second above-mentioned sub-paragraph tiret 2 as exception from granting patent. In addition, the amendment will introduce diagnostic, therapeutic and surgical methods for the treatment of humans or animals among exceptions from granting patent as provided for in Article 27 of the TRIPS Agreement.
