PATENTABILITY REQUIREMENTS
- Novelty: the subject matter of the patent must be absolutely new, that is, it must not have become part of the current state of the art, anywhere in the world, prior to the filing date of the application. Therefore, the novelty requirement requires that the subject matter of the patent be not disclosed prior to the filing date, by, for example, written or oral disclosure or by offering for sale a product which incorporates it, except for disclosures made under obligation of secrecy as in the case of non-disclosure agreements
- Originality (or inventive step): it exists whenever the invention is not evident from the state of the art to a person skilled in the art. The invention must be non-banal and represent an advance compared to the current state of the art
- Industrial applicability: an invention has industrial applicability if its subject matter can be manufactured or used. The indication of industrial applicability means a requirement that the subject matter of the patent be feasible and reproducible
- Lawfulness: a patent cannot be registered if it offends public decency or is contrary to public order.