What makes an invention patentable?
An invention must fulfil three requirements at the same time , in order to be deemed a patentable invention. It must be:
– new (worldwide),
– non-obvious (to an expert), and
– useful.
Thus, the following can be an invention:
– a creation (device, appliance, system, chemical compound)
– a method
– usage
What makes utility model patentable
In order to be patentable, a utility model must fulfil only two requirements at the same time. They include:
– novelty
– usefulness with regard to shape, structure or fixed arrangement.
Technical character
A utility model is similar to an invention in that both the utility model and the invention are solutions to a given technical problem.
Thus, if – according to a Patent Office expert who is examining an invention – the invention does not meet the „inventive step” requirement, but if it meets the above mentioned definition of a utility model (it has a specific shape or other structural features), it is possible that a Patent Application be converted into a Utility Model Application. Meeting the “inventive step” criterion is not required for utility models, so such a conversion is possible. It is impossible, however, if the “novelty” criterion is not met.