1. Is it possible to patent a scientific discovery, method or theory?
Although there is no legal definition of an invention, case law defines it as a "technical solution to a technical problem". The patentable invention must be concrete and industrial, whether it is a product, a process, a means, an application or a combination of means.
So, while a patentable invention presupposes application to a field of technology, not everything that falls within a field of technology is necessarily protectable.
This is the case with "discoveries", which may be the result of significant research and investment, but are not the result of human intervention: the discovery pre-exists, and the fact that it exists cannot be appropriated, even if it contributes to progress.
However, not all patents are excluded: what is not patentable is the discovery itself. However, the use of the discovery or its...
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Bibliography
Guidelines for examination at the European Patent Office, 11-2016, EPO
Grant procedure, Patent and utility certificate guidelines, 5-2016, INPI
"In court – After Bilski", R. Randall Rader, WIPO Magazine , 12-2010
"Alice v/ CLS Bank: the Supreme Court of the United States of America establishes a general...
Websites
As a self-financed public institution under the supervision of the French Ministry of Industrial Property, INPI plays an active role in the development and implementation of public policies in the field of intellectual property, in support of innovation and business competitiveness, and in the fight against counterfeiting.
Regulations
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Code de la propriété intellectuelle
article L. 611-10;
article L. 611-16 10
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