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knowledge, in turn, promotes further creativityand innovation among others. In this way, patentsprovide not only protection for the owner butvaluable information and inspiration for futuregenerations of researchers and inventors.How is a patent granted?The first step in securing a patent is the filingof a patent application. This document, whichgenerally contains the title of the invention,as well as an indication of its technical field,includes the background and a description ofthe invention, provided in clear language andwith enough detail to allow an individual withan average understanding of the field to use orreproduce the invention. Such descriptions areusually accompanied by visual materials such asdrawings, plans, or diagrams to better describe theinvention. The application also contains variousclaims: that is, information that determines theextent of protection granted by the patent.What kinds of inventions canbe protected?To achieve patent protection, an inventiongenerally must be of practical use and must showan element of novelty—some new characteristicnot known in the body of existing knowledge in itstechnical field. (This body of existing knowledgeis called prior art.) The invention must show aninventive step (one that could not be deduced bya person with average knowledge of the technicalfield). Finally, its subject matter must be acceptedas “patentable” under law. In many countries,scientific theories, mathematical methods, plant oranimal varieties, discoveries of natural substances,commercial methods, or methods for medicaltreatment (as opposed to medical products) aregenerally not patentable.Who grants patents?A patent is granted by a national patent officeor by a regional office that does the work fora number of countries, such as the EuropeanPatent Office (EPO) and the African RegionalIntellectual Property Organization (ARIPO). Undersuch regional systems, an applicant requestsprotection for the invention in one or morecountries, and each country decides whether tooffer patent protection within its borders. TheWIPO-administered Patent Cooperation Treatyprovides for the filing of a single internationalpatent application, which has the same effectas national applications filed in the designatedcountries. An applicant seeking protection may fileone application and request protection in as manysignatory states as needed.How can a patent be obtainedworldwide?At present, no world patents or internationalpatents exist. In general, an application fora patent must be filed, and a patent will begranted and enforced, in each country in whichyou seek patent protection for your invention,in accordance with its national law. In someregions, a regional patent office (e.g., EPO orARIPO) accepts regional patent applications,or grants patents, which have the same effectas applications filed, or patents granted, in themember states of that region.Further, any resident or national of a contractingstate of the PCT may file an internationalapplication under the PCT. A single internationalpatent application has the same effect as nationalapplications filed in each designated contractingstate of the treaty. However, under the PCTsystem, in order to obtain patent protection inthe designated states, a patent shall be grantedby each designated state to the claimed inventioncontained in the international application. Furtherinformation concerning the PCT is available.Procedural and substantive requirements for thegrant of patents as well as the amount of feesrequired differ from one country or region toanother. It is therefore recommended that youconsult either a practicing lawyer who specializesin intellectual property or the IP offices of theChapter 10: International Legal Considerations117