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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 />
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