Patentable / non-patentable materials |
To be patentable an invention must be new, surpass the state of the art (i.e. involve an inventive step), and be applicable in industry. An invention is deemed to surpass the state of the art (i.e. to involve an inventive step or activity), if it is the result of an activity which may not be obviously realized from the state of the art by a person skilled in the art of the relevant technical field. An invention is deemed applicable in industry if it can be produced or used in any field of industry including agriculture.
Apart from subject-matter not complying with the above mentioned general requirements of novelty, inventive step and applicability in industry, the following are unpatentable:
1. Discoveries, scientific theories, and mathematical methods.
2. Plans, methods, schemes and rules for performing mental acts, for conducting any business or trading activity, or for playing games.
3. Literary and artistic works, scientific works, and creations being of an esthetic character.
4. Computer programs.
5. Methods which involve no technical aspect, for the collection, arrangement, offering or presentation and transmission of information or data.
6. Methods of therapy and surgery and diagnostic methods applied to the human or animal body (however, products and compositions used in connection with any such method and processes for manufacturing such products or compositions may be patentable).
7. Inventions the subject-matter of which is contrary to public order or to generally accepted principles of morality.
8. Plant and animal varieties and species, and processes for breeding plant or animal varieties, which are mainly based on biological factors.