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Patentability What are the criteria for patentability in your jurisdiction? Novelty, an inventive step and industrial applicability.

What are the limits on patentability? The following are not regarded as inventions under Article 6(1) of Decree-Law 551 Pertaining to the Protection of Patent Rights:

  • discoveries;
  • scientific theories;
  • mathematical methods;
  • schemes, methods and rules for performing mental acts, playing games and doing business;
  • literary, scientific and aesthetic creations;
  • computer programs;
  • methods relating to the collection and presentation of information that have no technical aspect; and
  • surgical or therapeutic methods for treating humans or animals and diagnostic methods practised on humans or animals.

The following cannot be patented under Article 6(3) of the decree-law:

  • inventions whose subject matter is contrary to public order or morality; and
  • plant and animal varieties or essentially biological processes for the production of plants or animals.

Are there restrictions on any other kinds of invention? No other specific restrictions exist under Decree-Law 551 Pertaining to the Protection of Patent Rights.   

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