ACT of June 30, 2000, Industrial Property Law
OJ of 2013 item 1410 • Version from December 1, 2015
Inventions and patents
Art. 24
Patents are granted – regardless of the technical field – for
inventions that are new, involve an inventive step and are capable of
industrial use.
Art. 25
- An invention is considered new if it is not part of the state of the art
techniques.
- The state of the art means everything that existed before the date according to which
priority to obtain a patent is indicated, it has been made available to
common knowledge in the form of a written or oral description, by use,
exposure or disclosure in any other way.
- The information contained in is also considered to be part of the state of the art
applications for inventions or utility models using
prior priority, not made publicly available, under
provided that they are announced in the manner specified in the Act.
[4. The provisions of section 1-3 do not exclude the possibility of granting a patent for
an invention relating to a new use of a substance that is part of the state
technique or the use of such a substance to obtain a product having new
application.]
- The provisions of section 1-3 do not exclude the possibility of granting a patent for
an invention relating to substances or mixtures forming part of a state
techniques to be applied or applied in a precisely defined manner in
methods of treatment or diagnosis referred to in Art. 29 section 1 point 3, sub
provided that such use does not form part of the prior art.
- The provisions of section 1 and 2 do not exclude the possibility of granting a patent for
invention if its disclosure took place no earlier than six months
before the date of filing the invention application and was due to obvious reasons
abuse in relation to the applicant or his legal predecessor.
Art. 26
- An invention is considered to involve an inventive step if
this invention is not obvious to a person skilled in the art from the prior art.
- When assessing the inventive step, applications relating to:
referred to in art. 25 section 3.
Art. 27
The invention is considered to be industrially applicable
use if a product can be obtained according to the invention or
used in a technical manner in any activity
industrial, not excluding agriculture.
Art. 28
For inventions, within the meaning of Art. 24, in particular, the following shall not be considered:
1) discoveries, scientific theories and mathematical methods;
2) products of a purely aesthetic nature;
3) plans, principles and methods relating to intellectual or economic activities
and games;
4) products whose impossibility to use can be demonstrated in
in the light of generally accepted and recognized principles of science;
4.1.) products or methods which:
a) the feasibility of use cannot be demonstrated, or
b) the use will not produce the result expected by
reporting party
– in the light of generally accepted and recognized principles of science;
5) programs for digital machines;
6) presentation of information.
Art. 29
- Patents are not granted for:
1) inventions the use of which would be contrary to order
public or good customs; is not considered contrary to order
public use of an invention just because it is prohibited by
law;
2) plant varieties or animal breeds and purely biological breeding methods
plants or animals; This provision does not apply to microbiological
breeding methods or products obtained by such methods;
3) methods of treating humans and animals by surgical methods or
therapeutics and diagnostic methods used in humans or
animals; this provision does not apply to products, in particular substances
or mixtures used in diagnosis or treatment.
- The method of breeding plants or animals referred to in section 1 point 2, it is
purely biological if it consists entirely of natural phenomena, such as
crossbreeding or selection.
Art. 30
The patent holder may obtain a patent for an improvement or
a supplement to the invention that has the features of the invention but cannot be used
spontaneously (additional patent). You can also obtain an additional patent to the already existing one
obtained additional patent.
