In patent law, an invention refers to a technical solution to a specific problem in a given field using technical means. It may relate to a product (a machine, tool, chemical substance, etc.) or a process (a manufacturing method, treatment technique, etc.), or even a use (e.g., the use of medicines or chemicals). An invention may consist, in particular, of an improvement or adaptation of an existing product or process, provided that it has a new and useful technical feature.
For an invention to be protected by a patent, it must meet four essential criteria:
- the field of patentability: the invention must be technical and not fall within the fields excluded from patentability, nor be contrary to public order or morality. Exclusions from patentability are: scientific discoveries, mathematical theories, abstract ideas, computer programs, commercial or financial methods, rules of games, artistic works, and therapeutic or surgical methods.
- novelty: the invention must not be part of the state of the art known before the date of filing of the patent application.
- inventive step: the invention must not be obvious to a person skilled in the art (or person skilled in the field) based on the prior art available on the filing date.
- industrial application: the invention must be capable of being manufactured or used in a practical or industrial setting.
When an invention meets the criteria for patentability, its inventor or owner can obtain a patent, which confers an exclusive right to exploit it for a limited period, generally 20 years from the date of application. This right allows the owner to prevent third parties from manufacturing, using, selling, or distributing the invention without their consent. In return, the applicant discloses their invention in the patent application, which allows the community to access this knowledge once the period of protection has expired.