Inventive concept as patentability requirement in the speech of the Court of Justice of the Andean Community

Abstract

This article is the result of research entitled “Relativización de criterio de actividad inventiva en la concesión de patentes farmacéuticas en Colombia”. It summarizes the speech of the Court of Justice of the Andean Community about the concept of inventive step.According to the general rules on industrial property, an invention is eligible for protection through the patent system if it meets the requirements of novelty, inventive step and indus-trial application. However, despite the exclusivity that this right generates respect the manu-facture, use and sale of a product or process; the officials responsible for evaluation, due to a lack of definition or the determination of rules and/or common procedures, are free to set the contents of the above-mentioned conditions, and specially the meaning of the inventive step.