Inventions and technical solutions related to products, methods, and operations that exhibit a sufficient level of inventiveness and are applicable to production are recognized as inventions. These innovations can be protected by patents, granting inventors exclusive rights to their creations.
What Makes an Invention “New”?
A technical solution is considered “new” if it is not part of the prior art. The prior art encompasses all publicly available knowledge and disclosures relevant to the invention. Specifically, prior art includes:
- Published Solutions or Knowledge: Information that has been published, used, or disclosed—whether orally, in writing, or in any other form—in Mongolia or abroad before the filing date or priority date of the invention.
- Previously Filed Inventions: Inventions or utility models filed in Mongolia by other parties before the filing or priority date, provided these were subsequently published in official periodicals and patented.
Exceptions to “Newness” Criteria
An invention will not lose its status as “new” if, within 12 months before the filing date, the inventor or someone who directly or indirectly obtained the information made it public without the applicant’s consent. In such cases, the burden of proof rests on the applicant to demonstrate the circumstances of the disclosure.
Inventive Step
An invention is deemed to involve an inventive step if it provides a clear and significant advancement beyond the prior art. A person skilled in the field should recognize the innovation’s distinct advantages compared to previously known solutions. When assessing the inventive step, the provisions of Article 5.3 of the relevant law do not apply to prior art evaluation.
Industrial Applicability
An invention is considered industrially applicable if it can be produced or utilized in any industry. This ensures that the innovation has practical value and can contribute to economic or technological development.
Conclusion
Understanding the criteria for invention patents is crucial for innovators seeking legal protection for their ideas. By meeting the requirements of novelty, inventive step, and industrial applicability, inventors can secure patents that safeguard their contributions and promote technological progress.
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