November 14, 2024
Patentable creations represent inventions that can be legally protected, granting the inventor exclusive rights to their exploitation for a previously determined period. However, not all creations are patentable. There are specific requirements that an invention must meet to be considered patentable. In this article, we will discuss the criteria that define patentable creations, the types of inventions that can be protected, and the process for registering a patent. This knowledge is essential for those who wish to ensure the protection of their ideas and prevent third parties from benefiting from their innovations without consent.
Patentable creations are inventions that meet the legal requirements to be protected by patents.
A patent grants its holder the exclusive right to exploit the invention for a specific period, usually 20 years. This right allows the holder to prevent third parties from producing, commercially using, or selling the invention without their authorization. However, for a creation to be patentable, it must meet three main requirements: novelty, inventive step, and industrial applicability.
In order for a creation to be considered patentable, it must meet specific requirements established by legislation. These requirements ensure that the invention is truly innovative and has practical application.
The creation must be new, meaning it cannot have been previously disclosed anywhere before the filing date of the patent application. This includes publications, exhibitions, for example. In this way, the novelty requirement ensures that the invention is truly innovative and not a replica of something already known.
The invention must demonstrate an inventive step, meaning it cannot be obvious to a specialist in the related technical field. Therefore, even if the creation is new, it cannot be a trivial or obvious solution to existing technical problems.
The invention must be capable of industrial application, meaning it must be capable of being manufactured or used in any type of industry, including agriculture, whether for the production of goods or for services. This requirement ensures that the invention has practical and economic value.
Various types of creations can be patented, ranging from products to processes. However, not all inventions are suitable for patenting.
Any technical product that is new, involves an inventive step, and has industrial applicability can be patented. Therefore, new mechanical devices, chemical compounds, or pharmaceutical products are examples of patentable creations.
Innovative processes that result in new products or technical effects can also be patentable creations. In this sense, industrial processes that improve the production or efficiency of a product can be patented.
Improvements to existing inventions can also be patented, as long as they meet the requirements of novelty and inventive step. These improvements can be, for example, modifications to already patented systems or methods.
Not all creations can be patented. Legislation excludes certain inventions from patentability that, although they may be new and innovative, do not meet the legal criteria.
Scientific discoveries, such as physical or mathematical theories, are not patentable, as they do not have direct practical application.
Treatment methods for diseases or medical diagnoses, although they may be innovative, are not patentable. However, these methods may be protected by other rights, such as copyright.
Computer programs are not patentable. However, they can be protected by copyright or by patents related to technical processes implemented through software.
The process to obtain a patent involves several legal steps that ensure the protection of the invention. Initially, the inventor must submit a patent application to the INPI or the competent authority in their country. This application must be detailed, containing a complete description of the invention, drawings, and a justification of what is intended to be protected.
Subsequently, the application is submitted. It will undergo a technical examination, which will assess whether the creation meets the requirements of novelty, inventive step, and industrial applicability.
Finally, if the examination is favorable, the patent will be granted. However, this process can be lengthy and may require specialized assistance.
Protecting patentable creations is essential to ensure that inventors can financially benefit from their inventions. A patent provides an exclusive right to the invention, meaning the holder can license, sell, or exclusively exploit the invention. Furthermore, patent protection serves as an incentive for innovation, as it guarantees inventors that their creations will not be copied or used without their consent.
Finally, the patent also contributes to the advancement of science and technology, as patented inventions are often disclosed to the public and can be used as a basis for new innovations.
Although the patenting process is a powerful tool for protection, it can present some challenges. The process can be time-consuming and requires specific technical knowledge. Additionally, there are costs involved, such as examination fees and maintenance fees for the patent, which can be an obstacle for some inventors.
Patentable creations are essential for promoting innovation and ensuring the protection of technological and scientific inventions. To be considered patentable, a creation must be new, involve an inventive step, and be capable of industrial application.
The process of obtaining a patent, although complex, offers significant advantages, such as the exclusive right to exploit and the incentive to innovate. However, it is essential for inventors to be mindful of the legal requirements and the challenges of the process to ensure that their inventions are properly protected.
