The patent
An invention is deemed to be novel if it differs from prior art. Patent legislation considers an inventive step to be an activity that achieves a certain level of inventiveness. It means that an invention is seen as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art.
There is a distinction between a product patent and a process patent. The features of both are technical inventions. The scope of protection can therefore include products such as machines, devices, instruments and their parts, but also technical processes such as methods for the production of pharmaceuticals or pesticides.
The patent is an examined, and therefore high-grade, intellectual property right. For an invention to be patented, an application must be filed either with the German Patent and Trade Mark Office or the European Patent Office. The application must be accompanied by a detailed description of the invention and illustrated, where appropriate, with drawings or sketches. If successful, the examination procedure, which may be lengthy, leads to the grant of the patent and the resulting intellectual property title.
Many businesses have already submitted applications for action by the customs authorities on the basis of patents.
