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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 affect may comprise a technical innovation and thus be patentable.

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