PATENTS Patents are protected under the Inventions, Minor Inventions and Industrial Designs, Proclamation, No. 123/1995. This law provides for the following types of patents: • utility patents - granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof; • design patents - granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and • plant patents - granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant. What qualifies for registration? An invention is patentable if it is new, involves an inventive step and is industrially applicable. • novelty - it must not be anticipated by prior art. Prior art consists of everything disclosed to the public, anywhere in the world, by publication in tangible form or by oral disclosure, by use or in any other way, prior to the filling or, where appropriate the priority date, of the application claiming the invention; • inventive step - which means that, having regard to the prior art, the invention is not obvious to a person skilled in the art; • susceptible of industrial applicability - where it can be made or used in handicraft, agriculture, fishery, social services and any other sectors. What cannot be registered? The following cannot be patented: • inventions contrary to public order or morality; • plant or animal varieties or essentially biological processes for the production of plants or animals; • schemes, rules or methods for playing games or performing commercial and industrial activities and computer programs; • discoveries, scientific theories and mathematical methods; • methods for treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practiced on the human or animal body.
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PATENTS
Patents are protected under the Inventions, Minor Inventions and Industrial Designs, Proclamation,
No. 123/1995. This law provides for the following types of patents:
•
utility patents - granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;
•
design patents - granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and
•
plant patents - granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
What qualifies for registration?
An invention is patentable if it is new, involves an inventive step and is industrially applicable.
•
novelty - it must not be anticipated by prior art. Prior art consists of everything disclosed to the public, anywhere in the world, by publication in tangible form or by oral disclosure, by use or in any other way, prior to the filling or, where appropriate the priority date, of the application claiming the invention;
•
inventive step - which means that, having regard to the prior art, the invention is not obvious to a person skilled in the art;
•
susceptible of industrial applicability - where it can be made or used in handicraft, agriculture, fishery, social services and any other sectors.
What cannot be registered?
The following cannot be patented:
•
inventions contrary to public order or morality;
•
plant or animal varieties or essentially biological processes for the production of plants or animals;
•
schemes, rules or methods for playing games or performing commercial and industrial activities and computer programs;
•
discoveries, scientific theories and mathematical methods;
•
methods for treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practiced on the human or animal body.
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