This: 1. Subject to the provisions of paragraph 2 and 3, each Party shall make patents available for any invention, whether a product or process, in all fields

This: 1. Subject to the provisions of paragraph 2 and 3, each Party shall make patents available for any invention, whether a product or process, in all fields of technology, provided that the invention is new, involves an inventive step, and is capable of industrial application. which appears to mean software patents in the EU; and mathematical patents in the US (because MX specifically try to exclude that below) Also this: [CL/NZ/PE/MY/BN/VN/CA/MX oppose: Except as otherwise provided in this Chapter, including Article QQ.G.8 (Berne 18/TRIPS 14.6),] a Party shall not be required to restore protection to subject matter than on the date of entry into force of this Agreement has fallen into the public domain in its territory. So the Govt's of CL/NZ/PE/MY/BN/VN/CA/MX appear to want to reprotect parts of the public domain?