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Patent Cooperation<br />

Treaty (PCT)<br />

Patentability<br />

Requirements<br />

Non-patentable<br />

inventions<br />

HONG KONG MACAO SINGAPORE<br />

and the United States of America, and the European<br />

Patent Office (in respect of applications for a<br />

European patent filed in English).<br />

Singapore runs a self-assessment regime under<br />

which the applicant can choose to proceed with a<br />

grant even if the examination result is negative or<br />

mixed. Singapore is moving toward a “positive<br />

grant” system, where only applications that fully<br />

meet the patentability requirements can be granted.<br />

The PCT, to which PRC is a contracting state,<br />

applies to Hong Kong with effect from 1 July 1997.<br />

A Hong Kong resident may file an international<br />

application either with SIPO or the International<br />

Bureau of the World Intellectual Property<br />

Organization (WIPO). The Hong Kong Patents<br />

Registry is not a receiving office for international<br />

applications under PCT.<br />

The PCT is not applicable to Macao. Singapore is a PCT contracting state. An<br />

international application may be filed by a resident<br />

or national of Singapore under the PCT directly with<br />

the Registry of Patents at IPOS as the receiving<br />

office or the International Bureau of WIPO.<br />

An invention is patentable if it:<br />

(a) is susceptible of industrial application;<br />

(b) is new; and<br />

(c) involves an inventive step.<br />

An invention is patentable if it:<br />

(a) is novel;<br />

(b) involves an inventive step; and<br />

(c) is industrially applicable.<br />

A patentable invention is one that satisfies the<br />

following conditions:<br />

(a) the invention is new;<br />

(b) it involves an inventive step; and<br />

(c) it is capable of industrial application.<br />

The following are not patentable:<br />

The following are not patentable:<br />

The following are not patentable:<br />

(a) a discovery, scientific theory or mathematical<br />

method;<br />

(b) an aesthetic creation;<br />

(c) a scheme, rule or method for performing a<br />

mental act, playing a game or doing business, or<br />

a program for a computer;<br />

(d) the presentation of information;<br />

(e) a method for treatment of the human or animal<br />

(a) discoveries, as well as scientific theories and<br />

mathematical methods;<br />

(b) materials or substances already existing<br />

naturally and nuclear matter;<br />

(c) aesthetic creations;<br />

(d) schemes, rules and methods for performing<br />

mental acts, playing games or doing business as<br />

well as computer programs, as such;<br />

(a) an invention the publication or exploitation of<br />

which would be generally expected to<br />

encourage offensive, immoral or anti-social<br />

behaviour; and<br />

(b) an invention of a method of treatment of the<br />

human or animal body by surgery or therapy or<br />

of diagnosis practised on the human or animal<br />

body.<br />

185

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