Uni-Tübingen
Patentable Not patentable

Schemes, rules, processes

processes for

biological material*

computer programs that provide a new functionality and contribute to the state of the art by linking soft- and hardware

alternative protective right: copyright

 
  discoveries
 

new coined aesthetic forms

alternative protective right: aesthetic model

* Biological material contains genetic information and reproduces itself or can be reproduced within a biological system.

Is my invention patentable?

A technical invention is patentable, only if it meets the following conditions:

Conditions Explanation
1.

new, not yet released, not comprised in the state of the art

The state of the art comprises everything made available to the public by means of a written or oral description, by use, or in any other way, before the date of filing of the patent application.

Additionally, pre-released descriptions of the invention, even by the the inventor himself, are considered as comprised in the state of the art.

The utility model provides an alternative option where pre-releases by the applicant or his predecessor in title within the six months preceding the date of filing are not taken into consideration.

2.

sufficient inventive performance, innovativeness

If a person skilled in the art derives a solution of a problem in an obvious way from the prior art, his idea is without inventive step and therefore not patentable.

3.

commercially applicable and usable

Many healthcare professions are not regulated by law. Therefore, for example, surgical or therapeutical treatments and some diagnostic procedures are inventions without commercial applicability.
4. ethical

Inventions whose exploitation or publication would contravene the public policy are not patentable. Thereby it is irrelevant if the use of an invention is prohibited by law (burglar tools, production of harmful food).

5. conforming to natural laws

Evidently, the existence of a perpetuum mobile would defy the laws of physics.

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