VPB 321: Animal Biotechnology (2+1)

CONDITIONS OF PATENTABILITY

• Not all inventions are patentable. Laws generally require that an invention fulfill the following conditions, known as the requirements or conditions of patentability:
  • Industrial Applicability (utility): The invention must be of practical use, or capable of some kind of industrial application.
  • Novelty: It must show some new characteristic that is not known in the body of existing knowledge (referred to as prior art ) in its technical field.
  • Inventive step (non-obviousness): It must show an inventive step that could not be deduced by a person with average knowledge of the technical field.
  • Patentable subject matter: The invention must fall within the scope of patentable subject matter as defined by national law. This varies from one country to another. Many countries exclude from patentablility such subject matter as scientific theories, mathematical methods, plant or animal varieties, discoveries of natural substances, methods for medical treatment (as opposed to medical products), and any invention where prevention of its commercial exploitation is necessary to protect public order, good morals or public health.