Chapter I – Patentability
A revised version of this publication entered into force. |
There are four basic requirements for patentability:
(i)there must be an "invention", belonging to any field of technology (see G‑II);
(ii)the invention must be "susceptible of industrial application" (see G‑III);
(iii)the invention must be "new" (see G‑IV to G-VI); and
(iv)the invention must involve an "inventive step" (see G‑VII).
2.Further requirements of an invention
In addition to these four requirements, an invention must fulfil the following:
A technical character is an implicit requisite for the presence of an "invention" within the meaning of Art. 52(1) (requirement (i) above, see G‑II, 1 and G‑II, 2 for further details).
Furthermore,
–(ii) the invention must be of "technical character" to the extent that it must relate to a technical field (Rule 42(1)(a) – see F‑II, 4.2), must be concerned with a technical problem (Rule 42(1)(c) – see F‑II, 4.5) and must have technical features in terms of which the matter for which protection is sought can be defined in the claim (Rule 43(1) – see F‑IV, 2.1).