According to the Act, an invention is considered to be a solution of a technical nature, new, involving an inventive step and suitable for industrial application.

The novelty and inventive step of the solution are assessed based on the state of the art existing before the date of filing the patent application. International patent databases are primarily used for verification.

A solution is considered new if it has not existed in exactly the same form in the prior art. It is worth noting that the lack of this knowledge often leads to the creator revealing the solution and losing its novelty.

The assessment of whether a solution is new or not is generally not subject to such discussions as is the case with the assessment of inventive step. According to the Act, “An invention is considered to have an inventive step if the invention does not result, for the expert, in an obvious manner, from the state of the art”. By “obviously” it should be understood that the expert, having to solve a specific technical problem, would arrive at the claimed invention by modifying solutions known from the state of the art, without creative achievements, using known technical means and general technical knowledge in a professional and routine manner.

The last criterion is the possibility of industrial application, which has recently become particularly restrictive for experts assessing applications. When considering industrial application, special attention should be paid to what is not considered an invention according to the Act, i.e.:

– discoveries, scientific theories and mathematical methods;

– products of a purely aesthetic nature;

– patterns, rules and methods for conducting thought processes, playing games or running a business;

– products or methods the possibility of use of which cannot be demonstrated or the use of which will not bring the result expected by the applicant in the light of generally accepted and recognized principles of science;

– computer programs;

– presenting information.

– the subject or activity, provided that the notification concerns the subject or activity as such.

Currently, emphasis is placed on the content of the application description enabling the reproduction of the solution by a person skilled in the art in a way that provides the benefits attributed to the solution. The description of the invention should present in detail the subject of the solution and an example or examples of the implementation or use of the invention in a number adequate to the scope of the protection sought.

Please note that patents are not granted for (among other things, for ethical reasons):

– inventions the use of which would be contrary to public order or morality; the use of an invention solely because it is prohibited by law shall not be deemed to be contrary to public order;

– plant varieties or animal breeds and purely biological methods of breeding plants or animals, as well as products obtained by such methods. This provision shall not apply to microbiological methods or other technical methods or to products obtained by such methods, unless they are plant varieties or animal breeds;

– methods of treating humans and animals by surgical or therapeutic methods and diagnostic methods used on humans or animals; this provision does not apply to products, in particular substances or mixtures used in diagnostics or treatment.

A method of breeding plants or animals is purely biological if it consists entirely of natural phenomena, such as crossing or selection.