IPA patent 5.6.8.3--fine-arts — IP Australia Patent Manual of Practice and Procedure – 5.6.8.3 Fine Arts

Also in this ​​Chapter: 5.6.8.1 General Principles – Assessing Manner of Manufacture ; 5.6.8.2 Alleged Invention 5.6.8.4 Discoveries, Ideas, Scientific Theories, Schemes, and Plans 5.6.8.5 Printed Matter 5.6.8.6 Computer Implemented Inventions, Schemes, and Business Methods 5.6.8.7 Games and Gaming Machines 5.6.8.8 Mathematical Algorithms 5.6.8.9 Methods of Testing, Observation, and Measurement 5.6.8.10 Mere Working Directions 5.6.8.11 Nucleic Acids and Genetic Information 5.6.8.12 Micro-Organisms and Other Life Forms 5.6.8.13 Treatment of Human Beings 5.6.8.14 Human Beings and Biological Processes for Their Generation 5.6.8.15 Agriculture and Horticulture 5.6.8.16 Combinations, Collocations, Kits, Packages, and Mere Admixtures 5.6.8.17 New Uses 5.6.8.18 Other Issues (e.g. contrary to law etc) 5.6.8.19 Useful (utility) ​​​​​​​ Annex A - History of Manner of Manufacture . Key Legislation: Patents Act: s18(1)(a) Patentable inventions Schedule 1 Dictionary ​​​​​​​​​​​​​​ ​​​​​​​Related Chapters: 3.3.4 Reserving Opinion and Restricting Search 5.5 Construction of Specifications, Claims 5.6.1.4 Balance of Probabilities . 5.6.6 Inventive step 5.6.7 Full Disclosure, Sufficiency, Clarity, Support (s40) Inventions which are in the realms of "the fine arts" have traditionally been considered non-patentable. "Fine arts" are usually taken to include those arts which are the product of human intellectual activity which seek expression through beautiful or significant modes, as painting, sculpture, music, and other aesthetic creations. Consequently, in assessing the patentability of an invention which appears to encompass the field of fine arts, it will be necessary to consider whether an aesthetic or artistic effect, as distinct from a technical feature, is involved. The pure aesthetic effect of an article will not be patentable, however if the article also has a technical feature, it may be patentable (for example, a tyre tread). A process or means for creating an aesthetic effect may comprise of a technical innovation and thus be patentable.