A product or process.
When we ask ourselves the question “what can I patent”, we must know that in the national legislation that regulates patents - the updated Law 64/1991 - it is specified in detail what can and cannot be patented
What inventions can be patented?
An invention can be a new solution found to a technical problem related to the creation of a product or device, a process or methods, but also a series of improvements to an existing product or process. To be considered an invention it is necessary to involve human inventiveness and creativity.
Thus, a patent can be obtained for products, devices, processes that have new technical characteristics, in the most varied fields such as the bare necessities of life, industrial techniques, transport, chemistry, metallurgy, textiles, paper, construction, mechanics, physics, electricity.
Also, inventions in the field of biotechnology can be patented, provided that the requirements specified in the law are met, when refering to biological material, plant or animal, microbiological processes, isolated elements of the human body.
What can we not patent?
They are not considered inventions, therefore a patent cannot be obtained, although there are considerable differences between countries, for the following:
- discoveries, scientific theories, mathematical methods,
- aesthetic creations, plans, principles, methods in the exercise of mental activities, computer programs.
Also, no patent will be granted for:
- Inventions whose commercial exploitation is contrary to the public order or morality , harmful to the health and life of persons, animals, plants, which inflict serious damage to the environment
- Plant varieties, animal breeds, essentially biological processes for obtaining plants or animals
- Inventions that have as object the human body in different stages of its formation and development
- Methods of treatment the human or animal body by surgery or therapy, diagnostic methods practiced on the human or animal body
Things seem simple and clear, but if there are still unanswered questions, we invite you to contact our professionals here…