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...