for example, i have developed a process based on literature and all thoeritical factors, can this work be patented or is it necessary to provide along with experimental data as well.
1 Answer
I am not sure what your process looks like.
Possibility 1 - A theory / presentation of information:
There needs to be some technical part for an invention to be patented. See for example Article 52 EPC for Europe:
(1) European patents shall be granted for any inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application.
(2) The following in particular shall not be regarded as inventions within the meaning of paragraph 1:
(a) discoveries, scientific theories and mathematical methods;
(b) aesthetic creations; null
(c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;
(d) presentations of information
It could be something including parts of (a) and (d).
Furthermore you can patent something in that direction, but you need at least some technical part. See Article 52 (3):
(3) Paragraph 2 shall exclude the patentability of the subject-matter or activities referred to therein only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such.
And that is where you may be right (although I don't know if I understood the experimental data right), if you add something, e. g. a device using that theory etc. it could be fine.
That leads us to
Possibility 2 - A technical process that you did not test yet:
The granting of patents does not involve a check if the invention works. For some fields like biotech you may have to provide even material, but unless it's really obvious (like the Perpetuum Mobile) examiners and patent offices will not object if there is no test data provided.
The invention however needs to be possible to be carried out by what is provided / disclosed in the description of the application:
The best way to practice the invention in the patent application e. g. needs to be provided according to the US patent law (35 US Code section 112). This is requested so an inventor cannot keep some essential or advantageous aspect a secret and still get a patent.
In Europe the EPC asks for at least one way of practicing the invention as defined in Article 83 EPC:
Article 83 Disclosure of the invention
The European patent application shall disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.
