Existence of an invention

An invention is a new teaching for technical action using controllable natural forces to achieve a causally predictable result. A patent cannot, in particular, protect:

• Discovery as well as scientific theories and mathematical methods,
• aesthetic creations,
• Plans, rules and procedures for mental activities, for games and business activities (accounting systems) as well as computer programmes as such (i.e. insofar as they do not contain technical teaching).

Requirements for patent protection (criteria for patentability)

Patents protect technical inventions that are new, involve an inventive step and are industrially applicable (Section 1 Paragraph 1 Patent Act).

novelty

For the purposes of the patent, the subject matter is considered novel if it does not form part of the prior art. Prior art encompasses all knowledge that was made publicly available anywhere in the world before the application was filed, whether through written or oral description.

A key requirement for patent protection is the absolute novelty of the invention. Prior publications (in journals, at trade fairs, on the internet) are considered novelty-destroying and preclude subsequent patent protection. However, under certain restrictive circumstances, protection through other forms of intellectual property rights may still be possible for up to six months after the prior publication.

inventive activity

The invention must be distinctive from the prior art. The invention must not be obvious to the average person skilled in the art in the field of invention. An important indicator of inventive step is the technical Further that the invention represents. Sufficient inventive step may be present in the following cases:

• overcoming a technical prejudice,
• the non-obvious combination of individual, inherently known characteristics.

Commercial applicability

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