Patent attorney, what are the cases in which an invention has been made but cannot be patented?

A patent is an invention that can be used industrially and that is not an invention already publicly known or publicly worked at home or abroad; in the case of a new invention meeting these requirements, a patent can be obtained.

Exceptionally, there are cases in which a patent cannot be granted even though the patent requirements are met.

Under Article 32 of the Patent Act, an invention that is contrary to public order or good morals, or that is likely to harm public hygiene, cannot be patented.

In addition, where necessary for national defense, filing a patent application abroad may be prohibited, or the inventor, the applicant, and the agent may be ordered to treat the invention of the patent application as confidential.

However, a patent application may be filed abroad only where governmental permission has been obtained.

A patent basically requires that the invention be capable of industrial use.

Even if this requirement is met, you should be aware that a patent cannot be granted if there is a risk of disturbing social order or undermining public order.

If, for the above reasons, a patent refusal is issued and you wish to contest it, you may request a reexamination through the assistance of a patent attorney, which is possible.

In order to make a legally precise judgment on such matters, it is advisable to have the matter reviewed by a patent attorney.