The conditions of patentability
Only inventions can be subject to patent protection if they are patentable.
Definition of an invention
Inventions may be defined as technical solutions to technical problems. For example aesthetic and scientific theories, mathematical methods and presentations of information are not technical. But on the contrary software, software processes, ??? are inventions if they include a technical effect.
An idea as such, ie simply having the idea to solve a problem without solving it (like "this would be good if we can make any such thing) is not an invention and thus cannot be protected. However, the idea in the sense of the design of the invention with its various components or functional means to solve the problem and obtain a technical effect, may be patentable. In other words, a patent may be canceled if its description does not enable a specialist to understand and carry out the invention, ie to solve the technical problem underlying the invention.
The criteria for patentability:
The invention must be able to be used in industry
Novelty, which means that the invention must not have been made available to the public, anywhere, by anyone, and by any means, before the date of filing the patent application. The inventor must not disclose the invention and, failing that, to sign confidentiality agreements.
The involvement of an inventive step, meaning that the date of filing the patent application???, a specialist could not achieve carry out???, an obvious one given the documents in the state of the art.???
The patentability criteria are objective, they do not account for the effort that has been provided by the inventor or the technical progress made.