Patents are granted for inventions which are:
new, based upon inventive activity and capable of
exploitation in industry.
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The following are not considered patentable: |
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Discoveries, scientific theories and mathematical models; |
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Aesthetic designs; |
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Plans, rules and methods for intellectual activities, for games and business activities, as well
as programs for data processing systems;
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Reproductions of information. |
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Patents are similarly not granted for: |
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Inventions whose publication or utilisation would be contrary to public policy,
such contravention cannot however be assumed solely from the fact that the
utilisation of the invention is forbidden by law or other administrative
regulations;
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Plant or animal species, as well as essentially biological methods for the
cultivation of plant species or the rearing of animal species;
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Methods for surgical or therapeutic treatment of the human body or that of other
animals, as well as methods of diagnosis.
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Novelty: |
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An invention is considered new, if it does not belong to the current state of the
art. The state of the art comprises all knowledge which has been made accessible
to the public by way of written or oral description, by way of utilisation
anywhere in the world, or in any other way before the date governing the rank of
the application (date of application or priority date).
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it is demanded that the invention be a worldwide novelty |
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Inventive activity: |
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An invention is based on inventive activity, if it is not to be derived in
obvious fashion from the state of the art for an expert in the corresponding
technical branch.
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it is a significant level of invention which is demanded |
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Capability of exploitation in industry: |
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The object of a patent is considered capable of exploitation in industry, if it
can be produced or used in any field of industry, including, for example,
agriculture and forestry.
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Effect of the invention: |
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The patent has the effect, that the patent holder alone is entitled to utilise
the patented invention. All third parties are forbidden to utilise the invention
commercially without the permission of the patent holder.
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Representative: |
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Persons who are not resident and also have no offices in the country must
nominate a locally appointed patent lawyer or legal counsel to handle the
application on their behalf.
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