An invention must fulfil three requirements in order to be patentable.
1. Industrial application:
The invention must be manufacturable or applicable in some commercial sector (including agriculture). This condition is met by most inventions.
The invention must be novel. An invention is considered novel when it is not already part of the state of the art. The state of the art includes anything which has been made public through writing, orally, by use, or any other means anywhere in the world previous to the date of the patent application.
The solution to a problem is considered inventive, if, based on the current state of the art, it is not obvious to an ordinary person skilled in the art. Using another type of material instead of the type usually used (e.g. using aluminium instead of steel) is evident for an ordinary person skilled in the art and therefore not an inventive development. An indication of an inventive step is the unexpected quality of a product or the surprising effect of a process.
Harmonisation and partial revision of guidelines as of 1 July 2023
Conference on Intellectual Property & Sustainability at the University of Geneva
Symposium: "Best practices in the fight against counterfeiting & piracy – NFTs not your cup of tea? Well, they should: NFTs as a new way of fighting counterfeiting and piracy"