1.- An invention is any creation of the human intellect, capable of being applied in industry, that meets the conditions of patentability set forth in this law. It may be a product, a machine, a tool, or a manufacturing process and shall be protected by the invention patent.
2.- For the purposes of this law, the following shall not be considered inventions:
- a)Discoveries, scientific theories, mathematical methods, and computer programs considered in isolation.
- b)Purely aesthetic creations, literary and artistic works.
- c)Plans, principles, or methods for economic, advertising, or business activities and those referring to purely mental or intellectual activities or to gaming material.
- d)The juxtaposition of known inventions or mixtures of known products, their variation of form or use, dimensions or materials, unless it is a combination or fusion such that they cannot function separately or that their characteristic qualities or functions are modified to obtain an industrial result not obvious to a person skilled in the art.
3.- Plant varieties shall have protection by means of a special law.
4.- The following are excluded from patentability:
- a)Inventions whose commercial exploitation must be objectively and necessarily prevented to protect public order, morality, the health or life of persons or animals, or to preserve plants or to avoid serious damage to the environment.
- b)Diagnostic, therapeutic, and surgical methods for the treatment of persons or animals.
- c)Plants and animals, except microorganisms, provided they are not microorganisms as found in nature.
(Thus amended the previous subsection by Article 2, section a) of Ley 8632 of March 28, 2008) d) Essentially biological processes for the production of plants or animals, which are not non-biological or microbiological processes.
(Thus amended the previous subsection by Article 2, section a) of Ley 8632 of March 28, 2008) (Thus amended by Article 2 of Ley 7979 of January 6, 2000)