Patents a. Patents Act 1977 - s.1(1): I. A patent may be granted only for an invention in respect of which the following conditions are satisfied, that is to say - 1. the invention is new; 2. it involves an inventive step; 3. it is capable of industrial application; b. "Probabilistic" Patent i. "Given these uncertainties, economists have increasingly recognized that a patent does not confer upon its owner the right to exclude but rather a right to try to exclude by asserting the patent in court (Shapiro, 2003a). When a patent holder asserts its patent against an alleged infringer, the patent holder is rolling the dice. If the patent is found invalid, the property right will have evaporated. " [p.75] ii. Lemley, M. A., & Shapiro, C.Probabilistic Patents (2005) expand on this