Page 390 - Regional Comprehensive Economic Partnership (RCEP)

(a) apply subparagraph (c) of Article 11.34 (Protection or
Recognition of Geographical Indications Pursuant to
International Agreements); and

(b) ensure an opportunity for at least interested persons to
comment regarding the protection or recognition of the
new geographical indication for a reasonable period of
time before such a term is protected or recognised.

SECTION E
PATENTS

Article 11.36: Patentable Subject Matter

1. Subject to paragraphs 2 and 3, patents shall be available for any
inventions, whether products or processes, in all fields of
technology, provided that they are new, involve an inventive step,
32
and are capable of industrial application . Subject to paragraph
3 and Section M (Transition Periods and Technical Assistance),
patents shall be available and patent rights enjoyable without
discrimination as to the place of invention, the field of technology,
and whether products are imported or locally produced.

2. A Party may exclude from patentability inventions, the prevention
within its territory of the commercial exploitation of which is
necessary to protect ordre public or morality, including to protect
human, animal or plant life or health, or to avoid serious prejudice
to the environment, provided that such exclusion is not made
merely because the exploitation is prohibited by its laws and
regulations.

3. A Party may also exclude from patentability:

(a) diagnostic, therapeutic, and surgical methods for the
treatment of humans or animals; and

(b) plants and animals other than micro-organisms, and
essentially biological processes for the production of plants
or animals other than non-biological and microbiological
processes. However, each Party shall provide for the

32 For the purposes of this Section, “inventive step” and “capable of industrial
application” may be deemed by a Party to be synonymous with "non-obvious" and
"useful", respectively.

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