The fact that the language used in Section 3(d) of the Patents Act speaks of “exclusions”, which indirectly evokes Article 30 of the TRIPS Agreement, is inconsequential for the reason that all compounds that are not inventions, or not novel, are automatically “excluded” from patentability by definition. The efficacy criterion is used as an element of the invention or novelty test. Under TRIPS, members are free to define these terms according to their policy preferences.