Hong Kong Ordinances

PATENTS ORDINANCE - SECT 93

Patentable inventions

Patentable inventions

(1) An invention is patentable if it is susceptible of industrial application,
is new and involves an inventive step.

(2) The following in particular shall not be regarded as inventions within the
meaning of subsection (1)-

   (a)  a discovery, scientific theory or mathematical method;

   (b)  an aesthetic creation;

   (c)  a scheme, rule or method for performing a mental act, playing a game
        or doing business, or a program for a computer;

   (d)  the presentation of information.

(3) Subsection (2) shall exclude patentability of subject-matter or activities
referred to in that subsection only to the extent to which a patent or
patent application relates to such subject-matter or activities as such.

(4) A method for treatment of the human or animal body by surgery or therapy
and a diagnostic method practised on the human or animal body shall not be
regarded as an invention which is susceptible of industrial application for
the purposes of subsection (1), but this subsection shall not apply to a
product, and in particular a substance or composition, for use in any such
method.

(5) An invention the publication or working of which would be
contrary to public order ("ordre public") or morality shall not be a
patentable invention; however, the working of an invention shall not be deemed
to be so contrary merely because it is prohibited by any law in force in Hong
Kong.

(6) A plant or animal variety or an essentially biological process for the
production of plants or animals, other than a microbiological process or the
products of such a process, shall not be patentable. [cf. EPC Art. 52 & 53;
1977 c. 37 ss. 1 & 4 U.K.; 1992 No. 1 ss. 9 & 10 Eire]