Patents can protect a wide range of inventions. But, there are also some subjects that are excluded from patent protection. These exclusions vary from country to country, but fortunately most patent systems follow similar guidelines. In this article, we list the main exclusions for obtaining a patent.

Mathematical methods and scientific theories. Theoretical concepts such as mathematical formulas and scientific theories cannot be patented. This is because these methods have no direct practical application and can only be considered discoveries.

Software as such. In Europe, software by itself cannot be patented. This is especially true for software that makes no technical contribution, beyond pure computer processes. However, if the software contributes to the technical effect, for example in controlling a machine, patent protection may be possible.

Aesthetic designs. Creative works such as art, fashion designs and graphic design are not eligible for a patent. However, these can get protection under copyright or design law.

Medical treatment methods. In many countries, methods of treatment by surgery or therapy cannot be patented. This is meant to keep access to medical treatments free from commercial restrictions. However, medical devices or drugs can be protected.

Discoveries of natural laws. Natural phenomena, such as gravity, electricity or genetic codes, cannot be patented. While it is possible to patent inventions using these natural principles, the laws of nature themselves are excluded from protection.

Inventions contrary to public order or morality. Inventions that are harmful to society or deemed immoral, such as certain weapons or unethical biotechnological innovations, cannot be patented either.

So there are some important exceptions to patentability and it is good to keep these in mind if you are working on a great invention and want to protect it.

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