Patent law must balance the protection of intellectual property with public safety and welfare.

Globally, there are patentability exclusions for inventions that may be harmful to society, as regulated by international treaties and national legislations.

Patentability Criteria and Exclusions

Patentability depends on certain criteria, such as novelty, inventive step, and industrial applicability.

However, various regulations exclude inventions that contradict public order, morality, or may harm health and the environment.

International Agreements

• Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS): Allows the exclusion of inventions that affect morality, health, or the environment (Articles 27.2 and 27.3).
• European Patent Convention (EPC): Excludes inventions contrary to public order and certain biological and medical procedures (Article 53).

Comparative Legislation

Europe

• Excludes immoral inventions, plant varieties, animal breeds, and surgical or therapeutic treatments.

• Oncomouse Case: A genetically modified mouse patent was granted for cancer research, justifying the animal’s suffering due to its medical benefits.

United States

• No explicit exclusion based on morality, but there are restrictions for national security reasons.

• The government may impose "secrecy orders" on sensitive inventions.

• Juicy Whip Case: The court ruled that morality does not influence an invention’s utility.

Mexico

• The Federal Law for the Protection of Industrial Property excludes inventions contrary to public order, morality, and health.

• No publicly available detailed records on patent rejections for morality or national security reasons.

Examples of Harmful Inventions

Weapons: Biological and chemical weapons are prohibited under international treaties.

Surveillance Technology: Risks to privacy and human rights.

Biotechnology: Genetic modification with unpredictable risks to health and the environment.

Final Considerations

Patent law must balance innovation protection with public interest. Intellectual property law firms play a crucial role in advising on the legal and ethical implications of inventions and contributing to regulatory discussions to strengthen Mexico’s legal framework.