appropriate relief against any person contravening any provision of this section. [Sub-s. (7) substituted by s. 30 (a) of Act No. 38 of 1997.] (8) Any person who practises as a patent attorney shall be deemed, for the purposes of any law relating to attorneys, to be practising as an attorney. (9) Any communication made by or to a patent agent in his or her capacity as such shall be privileged from disclosure in legal proceedings in the same manner as is any communication made by or to an attorney in his or her capacity as such. [Sub-s. (9) added by s. 30 (b) of Act No. 38 of 1997.] CHAPTER V APPLICATIONS FOR PATENTS 25. Patentable inventions. (1) A patent may, subject to the provisions of this section, be granted for any new invention which involves an inventive step and which is capable of being used or applied in trade or industry or agriculture. (2) Anything which consists of— (a) a discovery; (b) a scientific theory; (c) a mathematical method; (d) a literary, dramatic, musical or artistic work or any other aesthetic creation; (e) a scheme, rule or method for performing a mental act, playing a game or doing business; (f ) a program for a computer; or (g) the presentation of information, shall not be an invention for the purposes of this Act. (3) The provisions of subsection (2) shall prevent, only to the extent to which a patent or an application for a patent relates to that thing as such, anything from being treated as an invention for the purposes of this Act. (4) A patent shall not be granted— (a) for an invention the publication or exploitation of which would be generally expected to encourage offensive or immoral behaviour; or (b) for any variety of animal or plant or any essentially biological process for the production of animals or plants, not being a micro-biological process or the product of such a process. (5) An invention shall be deemed to be new if it does not form part of the state of the art immediately before the priority date of that invention. [Sub-s. (5) substituted by s. 31 (a) of Act No. 38 of 1997.] (6) The state of the art shall comprise all matter (whether a product, a process, information about either, or anything else) which has been