Page:United States Statutes at Large Volume 115 Part 3.djvu/647

 PROCLAMATION 7449—JUNE 8, 2001 115 STAT. 2721 2 Parties may exclude irotn patentability; A. inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect public order or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that sudi exclusion is not made irterely because the exploitation is prohibited by their law; B diagnostic, therapeutic and surgical methods for the treatment of humans or animals, C essentially biological processes for the production of plants or animals other than non-biological and microbiological processes; animal varieties, plant varieties The exclusion for plant varieties is limited to those plant varieties that satisfy the definition provided in Article I (vi) of the UPOV Convention (1991), such definition shall apply mutatis mutandis to animal varieties The exclusions for plant and animal varieties shall not apply to plant oi animal inventions that could encompass more than one variety. Moreover, the Parties shall provide for the protection of plant varieties by an effective sui generis system in accordance with subparagraph 3Dof AniclelofthisChapter 3 Each Party shall provide that A where the subject matter of a patent is a product, the patent shall confer on the patent owner the nght to prevent other persons from making, using, selling, offering for sale or importing for these purposes the subject matter of the patent, without the patent owner's consent, and B where the subject matter of a patent is a process, the patent shall confer on the patent ovmex the right to prevent other persons from using that process and from using, selling, offering for sale or importing for these purposes at least the product obtained directly by that process, without the patent owner's consent 4 A Party may provide limited exceptions to the exclusive rights conferred by a patent, provided thai such exceptions do not conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner 5 Patents shall be available and patent rights enjoyable without discrimination as to the field of technology or whether products are imported or locally produced 6 A Party may revoke a patent only when grounds exist that would have justified a refusal to grant the patent 15 t^\

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