existence of an invention

An invention is a new teaching on technical action using controllable natural forces to achieve a causally foreseeable success. In particular, a patent cannot protect:

• discovery and scientific theories and mathematical methods,
• aesthetic creations,
• Plans, rules and procedures for intellectual activities, for games and business activities (accounting systems) and computer programmes as such (ie insofar as they do not contain any technical teaching).

Requirements for patent protection (criteria of patentability)

Patents protect technical inventions that are new, involve an inventive step and are commercially applicable (Section 1 (1) of the Patents Act).

novelty

The subject matter of the patent is considered new in the above sense if it does not form part of the prior art. This includes all knowledge that was made available to the public anywhere in the world by means of a written or oral description before the application was filed.

One important requirement for protection by a patent is the absolute novelty of the invention. pre-releases (Trade journals, trade fairs, Internet). novelty-destroying and exclude subsequent patent protection. Under restrictive circumstances, however, protection by other types of industrial property rights is still possible for up to 6 months after the prior publication.

inventive activity

The invention must stand out from the prior art. The invention must not be obvious to a person skilled in the art in the field of the invention from the state of the art. An important indication of the level of invention is the Further technical step that results from the invention. A sufficient inventive step can be given with:

• overcoming a technical prejudice,
• the non-obvious combination of individual features that are known per se.

Commercial Applicability

The subject matter of the patent is deemed to be industrially applicable in the above sense if it can be produced or used in any industrial field.