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What is a Patent?

A patent is an exclusive right granted for an invention. Patents benefit inventors by providing them with legal protection of their inventions. As patents, technical inventions are protected which are novel, involve an inventive step, and are commercially applicable (§1 of Section 1 of the Patent Act).

Inventive Activity

The invention must differ and be distinct from the Prior Art. The invention must be non-obvious to someone of average skill in the relevant field from Prior Art. A key indicator for the level of invention is the technical progress which will result from the invention. A sufficient level of invention can be attributed in:

• overcoming a technical prejudice;
• the non-obvious combination of individual, inherently known characteristics.

Industrial or Commercial Applicability

The subject-matter of the patent shall be considered susceptible to industrial application in the above-outlined sense if it can be manufactured or used in any industrial field.

Information on the types of industrial property rights can be found in the document  "Gewerbliche Schutzrechtsarten" (pdf document in german language).