What is patentable?

To gain a valid Patent the invention must be new (novel), involve an inventive step or be non-obvious, and be capable of industrial application. Some countries have specific exclusions preventing things from being patented such as the making of nuclear bombs.

What does new mean? An invention is considered new if it does not form part of the state of the art.

What is the State of the Art? The state of the art comprises everything that is known or used in public in any way, anywhere in the world, before the date of filing of the patent application. What is inventive Step? An invention is considered as involving an inventive step if it is not obvious to a skilled person having regard to the state of the art.

Industrial applicability: The invention must be capable of being made or used in some kind of industry, including agriculture. Generally, it does not include one-offs.

Excluded Subject Matters: Many countries have specific exclusions to certain inventions such as the patenting of plants and animals or the patenting of scientific theories. As long as the above criteria are met the United States has very few exclusions to patentability.

Patent Rights

Every country has its own laws including its own Patent laws. This means that should you wish your patent to have effect in more than one country then you will have to file patent applications and gain patent rights in each of these countries separately.

The Patent Rights for each country often differ, but generally they all allow a patent owner to exploit the invention to make use, license, import or sell any product that includes that invention. In the case of a process patent the owner is entitled to make, use, license, import or sell, any product made by the process of that invention.