455. Patentability of medical treatments, diagnostic methods and biotechnological developments.

A patent may not be granted for the invention1 of:

  1.  

    (1)     a method of treatment of the human or animal body by surgery or therapy2; or

  2.  

    (2)     a method of diagnosis practised on the human or animal body3,

although this exclusion does not apply to an invention consisting of a substance or composition for use in any such method4.

The following are not patentable inventions5:

  1.  

    (a)     the human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene6;

  2.  

    (b)     processes for cloning human