Conditions for patentability

Invention is a broad notion, different from patent. An invention is the creation of a new configuration, composition of matter, devicee, or process. Not every invention can be granted a patent. The study of the patentability conditions is very important. The invention is not one of the patentability conditions, it is the subject of the patent. If an invention has a technical character, is new, is obvious and susceptible of industrial application then it can be patentable. The first condition is the technical charachter. If an invention do not belong to the technical field, it is not patentable. The second of the consitions is the novelty. An invention shall be considered to be new if it does not form part of the state of the art. The state of the art shall be held to comprise everything made available to the public by means of a written or oral description, by use, or in any other way, before the date of filing of the patent application. An invention shall be considered as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art. An invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture. The following in particular shall not be regarded as inventions: discoveries, scientific theories and mathematical methods; aesthetic creations; schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; presentations of information. Patents shall not be granted in respect of: inventions the publication or exploitation of which would be contrary to "ordre public" or morality, provided that the exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation; plant or animal varieties or essentially biological processes for the production of plants or animals; this provision does not apply to microbiological processes or the products thereof.