What is not considered an invention?

By E.C.V. & Asociados

An invention is a novel and useful product, process, or device that results from creative human activity. Not all creations are considered inventions. Some things are not eligible for patent protection because they do not meet the criteria of novelty and usefulness.

Discoveries

Discoveries are not inventions because they are not the result of human innovation. For example, diamonds exist in nature and are not the product of human ingenuity.

Scientific theories

Scientific theories are not inventions because they are abstract principles that explain natural phenomena. They do not represent a concrete technical contribution. For instance, Charles Darwin's Theory of Evolution is a scientific explanation of the process of natural selection, not an invention.

Mathematical methods

Mathematical methods are not inventions because they are abstract principles that deal with numbers and quantities. They do not represent a tangible technical contribution. For example, the Pythagorean Theorem is a mathematical relationship between the sides of a right triangle, not an invention.

Computer programs (software)

Computer programs are not inventions because they fall under copyright protection, not patent protection. Copyright protects the expression of an idea, while patents protect the idea itself.

Purely aesthetic creations

Purely aesthetic creations, such as literary and artistic works, are not inventions because they are protected by copyright. Copyright protects the original expression of ideas, not the ideas themselves. For instance, works written by Carmen Lyra are protected by copyright, not patent protection.

Plans, principles, or methods for advertising or business

Plans, principles, or methods for advertising or business are not inventions because they are abstract ideas, not concrete products, processes, or devices. They do not meet the criteria of novelty and usefulness.

Juxtaposition of known inventions or mixtures of known products

The mere juxtaposition of known inventions or mixtures of known products is not considered an invention. Merely combining existing inventions or products without any additional creative input does not constitute an invention.

Variations in form, use, dimensions, or materials

Variations in form, use, dimensions, or materials of existing inventions or products are not considered inventions unless they result in a new and useful function or improvement. Simple modifications or reconfigurations do not constitute inventions.

Examples of non-inventions

Cooking recipes are not inventions because they are simply instructions for preparing food, not new products or processes.

The game of chess is not an invention because it is a purely mental activity, not a tangible product, process, or device.

A method for solving crosswords is not an invention because it is a mental activity, not a technical solution.

It is important to note that the criteria for what constitutes an invention can vary depending on the specific patent law jurisdiction. It is always advisable to consult with a patent attorney to determine whether a particular creation is eligible for patent protection.