Examples of using Excluded from patentability in English and their translations into Slovak
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There is a list of inventions excluded from patentability.
Inventions may be excluded from patentability if it founds to be contrary to public order and morality.
Certain kinds of inventions are excluded from patentability.
Whereas processes, the use of which offend against human dignity, such as processes to produce chimeras from germ cells or totipotent cells of humans and animals,are obviously also excluded from patentability;
Certain inventions are expressly excluded from patentability.
(35) Whereas this Directive shall be without prejudice to the provisions of national patent law whereby processes for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human oranimal body are excluded from patentability;
However, certain types of invention are excluded from patentability.
Whereas the principle whereby inventions must be excluded from patentability where their commercial exploitation offends against ordre public or morality must also be stressed in this Directive;
That conclusion is also supported by the scope of thelisting, in Article 6(2) of the Directive, of the processes and uses excluded from patentability.
Whereas, however, if an invention consists only in genetically modifying a particular plant variety,it shall be excluded from patentability even if the genetic modification is the result not of breeding but of a genetic engineering procedure.
Whereas products obtained from essentially biological processes, such as plants, seeds, native traits and genes,should be excluded from patentability;
(38) Whereas the operative part of this Directive shouldalso include an illustrative list of inventions excluded from patentability so as to provide national courts and patent offices with a general guide to interpreting the reference to ordre public and morality;
Whereas products emanating from essentially biological processes, such as plants, seeds, native traits and genes,must be excluded from patentability;
If an invention consists only of genetically modifying a particular plant variety, and if a new plant variety isbred, it will still be excluded from patentability even if the genetic modification is the result not of an essentially biological process but of a biotechnological process(33);'.
Recital 35 of the Directive only states that the Directive is without prejudice to the provisions of national patent law whereby processes for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human oranimal body are excluded from patentability.
Whereas, however, if an invention consists only of genetically modifying a particular plant variety and producing a new variety from it,the new variety shall be excluded from patentability even if the genetic modification is the result not of breeding but of a genetic engineering procedure.
(45) Whereas processes for modifying the genetic identity of animals which are likely to cause them suffering without any substantial medical benefit in terms of research, prevention, diagnosis or therapy to man or animal, and also animals resulting from such processes,must be excluded from patentability;
Similarly, the Union legislature stresses the principle whereby inventions must be excluded from patentability where their commercial exploitation offends against ordre public or morality and points out that those two concepts correspond in particular to ethical or moral principles recognised in a Member State, respect for which is particularly(34) important in the field of biotechnology.
Whereas a plant grouping which is characterized by a particular gene(and not its whole genome)is not covered by the protection of new varieties and is not excluded from patentability even if it comprises new varieties of plants.
(21) Whereas such an element isolated from the human body orotherwise produced is not excluded from patentability since it is, for example, the result of technical processes used to identify, purify and classify it and to reproduce it outside the human body, techniques which human beings alone are capable of putting into practice and which nature is incapable of accomplishing by itself;….
In the view of the referring court, the outcome of the application for annulment depends on whether the technical teaching of the patent at issue, in so far as it concerns precursor cells obtained from human embryonic stem cells,is excluded from patentability under Paragraph 2(2), first sentence, point 3, of the PatG.
Recital 20:‘[w]hereas, therefore, it should be made clear that an invention based on an element isolated from the human body or otherwise produced by means of a technical process, which issusceptible of industrial application, is not excluded from patentability, even where the structure of that element is identical to that of a natural element, given that the rights conferred by the patent do not extend to the human body and its elements in their natural environment;'….
It should be noted in this regard that in the Report from the Commission to the Council and the European Parliament of 14 July 2005 entitled‘Development and implications of patent law in the field of biotechnology and genetic engineering'(COM(2005) 312 final),the Commission points out that, for the same reasons, totipotent cells must be excluded from patentability(point 2.2, fifth paragraph).
Members may also exclude from patentability.
Each Party may also exclude from patentability.
The EU decision was based on Article 72(2)of TRIPS which stipulates that Members may exclude from patentability inventions, the prevention of the commercial exploitation of which is necessary to protect ordre public or morality.
The second exception is that Members may exclude from patentability diagnostic, therapeutic and surgical methods for the treatment of humans or animals(Article 27.3(a)).