Practice question
One claim is to an essentially biological process for producing plants. A separate claim is to a non-biological manufacturing process and is stipulated to meet the remaining patent requirements. A reviewer rejects both solely under Section22.4. Which answer is correct?
- The biological-process exclusion applies to the first; the paragraph does not itself exclude the stipulated non-biological process
- Both are automatically excluded because all processes are biological
- Neither can ever be excluded under Section22.4
- Only the non-biological process is expressly excluded
- Section22.4 automatically grants every microbiological and non-biological claim regardless of novelty
Legal references
- RA8293 IP Code: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html Sections21 and22.4.
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