Patentable subject matter

Patentable, statutory or patent-eligible subject matter is subject matter of an invention that is considered appropriate for patent protection in a given jurisdiction. The laws and practices of many countries stipulate that certain types of inventions should be denied patent protection. Together with criteria such as novelty, inventive step or nonobviousness, utility, and industrial applicability, which differ from country to country, the question of whether a particular subject matter is patentable is one of the substantive requirements for patentability. The problem of patentable subject matter arises usually in cases of biological and software inventions, and much less frequently in other areas of technology. The subject-matter which is regarded as patentable as a matter of policy, and correspondingly the subject-matter which is excluded from patentability as a matter of policy, depends on the national legislation or international treaty. Subject matter in Canadian patent law According to the Canadian Intellectual Property Office (CIPO) patents may only be granted for physical embodiments of an idea, or a process that results in something that is tangible or can be sold. This excludes theorems and computer programs per se. However, business methods are patentable. The European Patent Convention (EPC) does not provide positive guidance on what should be considered an invention for the purposes of patent law. However, it provides in a non-exhaustive list of what are not to be regarded as inventions, and therefore not patentable subject matter: The following in particular shall not be regarded as inventions within the meaning of paragraph 1: (a) discoveries, scientific theories and mathematical methods; (b) aesthetic creations; (c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; (d) presentations of information. then qualifies Art.

About this result

This page is automatically generated and may contain information that is not correct, complete, up-to-date, or relevant to your search query. The same applies to every other page on this website. Please make sure to verify the information with EPFL's official sources.

Related concepts (12)

Related courses (5)

Related lectures (18)

Glossary of patent law terms

This is a list of legal terms relating to patents and patent law. A patent is not a right to practice or use the invention claimed therein, but a territorial right to exclude others from commercially exploiting the invention, granted to an inventor or his successor in rights in exchange to a public disclosure of the invention. The reply of an applicant to an office action must be made within a prescribed time limit.

Patentable subject matter

Patent prosecution

Patent prosecution describes the interaction between applicants and their representatives, and a patent office with regard to a patent, or an application for a patent. Broadly, patent prosecution can be split into pre-grant prosecution, which involves arguing before, and sometimes negotiation with, a patent office for the grant of a patent, and post-grant prosecution, which involves issues such as post-grant amendment and opposition. Patent prosecution is distinct from patent litigation, which describes legal action relating to the infringement of patents.

HUM-410: Law and technology I

Ce cours présente le cadre légal applicable à certaines problématiques dans des domaines à caractère technique, tels que le droit de l'informatique, la biotechnologie, la protection des données, la di

BIO-455: Introduction to law and ethics

Le but du cours est de familiariser l'étudiant-e aux notions de base du droit et de l'éthique applicables à la recherche en STV et à son transfert en applications, et de lui fournir les éléments essen

MICRO-406: Products design & systems engineering

This course will cover all the aspects of product design and system engineering from learning relevant methods to the actual implementation in a hands-on practice of product development.

Intellectual Property: Concepts and Applications BIO-455: Introduction to law and ethics

Explores the significance of intellectual property in fostering innovation and protecting creations of the mind, covering patents, trademarks, copyrights, legal frameworks, and enforcement mechanisms.

Intellectual Property Rights: Patents and Inventions ME-403: Applied mechanical design

Explores Intellectual Property Rights, patents, inventions, patent filing, and patentability criteria, emphasizing the importance of inventive step and the limitations of patents.

IP Management: Strategies and Applications MGT-411: Innovation management

Explores the purposes of patents, factors driving patenting decisions, and the strategic use of defensive publication and non-patent disclosure.