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When is Something considered an Invention?

An invention, in the context of patent law, is something which has both a technical character and attributes; it must solve a technical problem, using controllable natural force in order to achieve a causally predictable success. A patent, however, cannot protect in particular:

• Discoveries, as well as scientific theories and mathematical methods;
• Aesthetic creations;
• Plans, rules and procedures for intellectual activities, for games and business activities (i.e., accounting systems) and computer programs as such (i. e, insofar as they do not contain any technical teachings).

Novelty

The subject-matter of the patent is deemed to be novel in the above-mentioned sense if it does not constitute, in whole or in part, a Prior Art or the current state of the art. It comprises all evidence made available to the public by means of either a written or oral description anywhere in the world before the patent application is made. A crucial prerequisite for patent protection is the absolute novelty of the invention. Any prior publications (journals, trade fairs, the Internet) eliminate this novelty and thereby exclude any subsequent patent protection. Under restrictive circumstances, however, protection by other types of industrial property rights is still possible up to six months after prior-publication.