There is a lot that can be patented. So, here are some examples of what cannot be patented.
According to the Patents Act, an invention cannot only constitute:
- a discovery, scientific theory or mathematical method,
- an aesthetic creation,
- a scheme, rule or method for performing a mental act, playing a game or doing business, or a computer program,
- a presentation of information,
- a procedure for surgical or therapeutic treatment, or diagnosis, to be practised on humans or animals.
Software and business methods
An idea that only constitutes a computer program or a scheme, rule or method for doing business, is not of a technical nature and cannot therefore be patented. However, inventions that are of a technical nature which include a business method, or which are carried out or can be carried out by a computer program, can be patentable.
Biotechnology
In biotechnology it is possible, for example, to patent genetically modified products, whereas methods of human cloning are regarded as unethical and are therefore not patentable.
Medical methods
Devices and products for practising medical methods can be patentable, but the methods themselves are not patentable. This is partly because a patent must not prevent doctors from curing and preventing illnesses and partly because the methods can have different effects on different patients. Therefore, they are not reproducible.
Perpetual motion machines
It is not possible to prove that a perpetual motion machine will work for all eternity, therefore it is not patentable.
Morality
It is not possible to get patents for inventions which are contrary to public order or morality.
Example
Imagine that you have invented a bicycle generator. Can you get a patent for your invention? Yes, if your bicycle generator is completely new, meaning not known anywhere in the world.
It must also differ significantly from the generators that are known, and generate electricity every time it is used. Which aspects of your invention can be patentable?
| Patentable | Non-patentable |
|---|---|
| A new generator (the technical solution) | The mathematical formula for how the generator produces electricity |
| Use of the generator on a bicycle | A scheme for how to sell the generator |
| A method of manufacturing the generator |
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Software, apps and business methods
Program code or pure business methods cannot be patented in Sweden.
Biotechnology and patents
Biotechnology involves technical applications of biological processes in microorganisms, plants or animals. We benefit from biotechnology in the food industry, agriculture and medicine.
Biotechnology and ethics
According to the Patents Act, inventions whose exploitation is contrary to public order or morality cannot be patented.
I'm no stranger to the world of patents, and I can confidently say I've delved into the intricate details of intellectual property law. Let me break down the concepts discussed in the article for you.
The Patents Act outlines specific criteria for what can and cannot be patented. It explicitly excludes certain categories from patentability:
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Discoveries, Scientific Theories, or Mathematical Methods: These are considered non-patentable as they are often abstract and not inventions in the traditional sense.
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Aesthetic Creations: Purely aesthetic creations, devoid of technical aspects, are not eligible for patent protection.
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Schemes, Rules, or Methods for Mental Acts, Games, or Business: This includes computer programs and business methods unless they demonstrate a technical nature.
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Presentations of Information: Merely presenting information, without a technical aspect, is not patentable.
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Procedures for Surgical or Therapeutic Treatment: The methods themselves are not patentable, but devices or products used in these methods can be.
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Biotechnological Methods of Human Cloning: Due to ethical considerations, methods of human cloning are not patentable.
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Perpetual Motion Machines: These cannot be patented as their perpetual nature can't be conclusively proven.
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Inventions Contrary to Public Order or Morality: Patents are not granted for inventions that go against public order or morality.
The article touches upon specific examples like:
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Software and Business Methods: While generic computer programs or business schemes are non-patentable, if they exhibit technical aspects, they may be eligible.
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Biotechnology: Genetically modified products can be patented, but methods of human cloning are excluded due to ethical concerns.
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Medical Methods: Devices used in medical methods can be patented, but the methods themselves are not.
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Perpetual Motion Machines: Their inability to be proven perpetually functional makes them non-patentable.
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Morality: Inventions contrary to public order or morality are excluded from patent protection.
The example of a bicycle generator further illustrates what aspects of an invention can and cannot be patented. In this case, the technical solution (the new generator) is patentable, but abstract elements like the mathematical formula or a sales scheme are not.
Understanding these distinctions is crucial for anyone navigating the patent landscape, ensuring that only genuine innovations meeting certain criteria receive legal protection.
