Patents for inventions

Patentable inventions

Patentable are inventions in all fields of technology that are new, have an inventive step and are industrially applicable.

The following are not considered inventions::

• discoveries, scientific theories and mathematical methods;
• results of artistic creativity;
• plans, rules and methods for intellectual activity, for games or for business activity and computer programs;
• presentation of information.

The human body at the various stages of its formation and development, as well as the simple discovery of one of its elements, including the sequence or partial sequence of a gene, cannot constitute a patentable invention. An element isolated from the human body or otherwise obtained by a technical process, including a sequence or partial sequence of a gene, may constitute a patentable invention, even if the structure of this element is identical to that of a natural element.

Patent claims for product and method

The product claim according to art. 19, para. 4 APRUM refers to a physical object (article, device, machine or system of interacting devices, as well as to substances or compositions). Product claims include elements, components, connections and / or relationships between elements, their mutual arrangement, materials from which the elements are made, and other features of the product, such as result, function, etc., in cases where this is the case. requires a clearer and more precise definition of its essence. 

To the category method according to art. 19, para. 5 APRUM refers to all types of actions applied to material products, energy, living objects, using any material means. Claims for a method include operations and their sequence, the conditions under which those operations are performed, as well as the means necessary to carry out some of the operations, where this is necessary for a clearer and more precise definition of the nature of the method. This category also includes the use of a product.

Advantages of protecting inventions with a patent

The patent for the invention grants the holder exclusive rights, i. e. the right to prohibit the use of the invention subject to the patent by third parties for a certain period of time (20 years from the date of filing the patent application) without its permission in the territory in which the patent is valid. The exclusive right to the invention includes the right to use the invention, the prohibition of third parties to use it without the consent of the patent owner and the right to dispose of the patent. 

The legal scope of protection is determined by the patent claims in the issued invention patent.

The effect of the patent does not extend to:

• use of the patented invention for non-commercial purposes for personal needs, provided that it does not cause significant material damage to the patent owner;
• use of the invention for experimental or research purposes related to the subject matter of the patented invention;
• one-time immediate preparation of a medicine in a pharmacy with a doctor's prescription;
• use of the patented invention in foreign land, sea and air vehicles, which temporarily or accidentally enter the land, sea or air territory of the country, provided that the patented invention is used exclusively for the needs of these vehicles.