Science, Inventions and Intellectual Property Rights

There has been much debate recently regarding the patentability of inventions in the field of life sciences. Progress in the sciences has moved forward exponentially, and never so rapidly as at present. Inevitably, exciting new inventions in new fields of discovery have come about, but certain subjects are so controversial that debate has become heated. The debate centres on several distinct subjects. Stem cell research and research tools is just one branch of the sciences that challenge patent law. Patent laws are constantly changing to accommodate new technologies, but inevitably there is always a lag between new technology and the changing of patent laws. Other controversial areas include inventions in the field of genetic engineering and the development of new pharmaceutical drugs. There is no doubt that, as progress continues to be made at an ever increasing rate, there will continue to be controversy over the letter of the law. Here in South Africa, there has been little on these subjects to have hit the headlines.

Patent Law in South Africa is very clear on what may or may not be patented. Specifically the items that may not be patented are:

• A discovery
• A scientific theory
• A mathematical method
• A literary, dramatic, musical or artistic work or any other aesthetic creation
• A scheme, rule or method for performing mental acts, playing a game or doing business
• A programme for a computer
• The presentation of information
• Diagnostic, therapeutic, or surgical methods of treatment, frivolous inventions and immoral inventions

In addition, an invention has to be new (not done before), inventive (not be obvious) and be useful to commerce, industry or agriculture.