An invention is the result of human intellectual activity in any technology.
The right to obtain a patent has an inventor or inventors who jointly created the invention. But if the invention was created as a result of the performance of official duties, then the employer of the inventor has the right to obtain a patent for such a service invention (utility model). Although the right to obtain a patent by the employer is limited in time and due to some requirements of the Law. It is the inventor who owns the right of authorship, which is an inalienable personal right and is protected indefinitely. An application for a patent is usually made by a patent attorney.
An invention may be
- Product (device, substance, microorganism strain, cell culture of a plant, animal, etc.);
- Process (method);
- New use of a previously known product or process.
Thus, the invention can be a device, for example, a CD player, and maybe only a node or block used in it. In addition, a patent for an invention can also be obtained for a design (for example, a special device of the CD player case), and for a material (for example, the same material for making CDs themselves). Various methods are subject to patenting as inventions, for example, a method of applying information to a compact disc, an advertising method or a chemical method / process of manufacturing a substance. Moreover, in a patent for an invention (as opposed to a patent for a useful model) there can be both a method and a device for its implementation.
Conditions of patentability of the invention
The invention meets the conditions of patentability, if it:
- has an inventive level;
- is new;
- suitable for industrial use.