Patent law defines the limits of what can be patented. For example, the laws of nature, physical phenomena, and abstract ideas cannot be patented, nor can only an idea or suggestion.
In order for an invention to be patentable, the invention must be considered to be new or novel. This novelty requirement states that an invention cannot be patented if certain public disclosures of the invention have been made.
Patent applications: the three criteria Novelty. This means that your invention must not have been made public – not even by yourself – before the date of the application. Inventive step. This means that your product or process must be an inventive solution. Industrial applicability.
The five primary requirements for patentability are: (1) patentable subject matter; (2) utility; (3) novelty; (4) non-obviousness; and (5) enablement. Like trademarks, patents are territorial, meaning they are enforceable in a specific geographic area.
To be patentable, your idea must evolve into a tangible invention. It should demonstrate novelty, utility, and non-obviousness. This means it must be a new, useful, and inventive step beyond existing ideas. Simply having an idea is not enough; it must be developed into a complete invention.
So, if any of the following three things happen with your invention, then you cannot apply for a patent: It is on sale. It is in public use. It has a printed publication one year before the application date.
What kinds of inventions can be protected? Patents may be granted for inventions in any field of technology, from an everyday kitchen utensil to a nanotechnology chip. An invention can be a product – such as a chemical compound, or a process, for example – a process for producing a specific chemical compound.
The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent.
Patent law defines the limits of what can be patented. For example, the laws of nature, physical phenomena, and abstract ideas cannot be patented, nor can only an idea or suggestion.
However, patent rights (being negative rights) do not grant freedom to access the market. In other words, a patent is no guarantee for non-infringement of third party rights, which is the reason to conduct a freedom to operate search and analysis.