Do you know the conditions for a patent to be granted?
To be granted, a patent must meet three requirements:
Industrial application
Novelty
Inventive activity
Industrial Application
The invention must be usable or produced in any type of industry.
That is, it must be possible to produce the invention on an industrial scale.
Novelty
The invention cannot be understood in the prior art.
That is, it cannot be described entirely in a single document.
But what is prior art?
Knowledge accessible to the public, in written or oral form, in Brazil or abroad, prior to the filing date of the patent application.
Exceptions – arranged in art. 12 (grace period), art. 16 (unionist priority) and art. 17 (internal priority) of LPI
Inventive activity
For a technician on the subject, the invention cannot be obvious.
Who can be considered a technician on the subject?
Someone who has medium knowledge of the subject at the time of patent application.
This knowledge may be technical, scientific or practical.
Summing up
To be granted a patent must:
1 – be new;
2 – may not be obvious;
3 – be applicable in industry
In the next video…
What cannot be patented in Brazil
Comentários