Decades Of Experience In Science, Business And Intellectual Property Law

Patentability requirements every business owner should know

On Behalf of | Jul 31, 2023 | Patents

As a business owner, understanding patentability and its legal requirements is crucial for safeguarding intellectual property rights. Patents give your business a competitive edge by granting you exclusive rights to your inventions.

On the other hand, patentability is the set of requirements your invention must have to be eligible for patent protection. Please continue reading to delve into the essential aspects of patentability to gain a deeper understanding of the criteria that need to be met for a successful patent application.

Novelty is key

Novelty is the fundamental requirement for patentability. An invention must be new and not publicly disclosed or available to the public before the patent application’s filing date.

Any prior art, which includes previously published documents, public disclosures and existing inventions, can jeopardize the novelty of your invention. Therefore, it is essential to conduct a thorough search to help ensure your invention is indeed novel.

Your invention should be non-obvious

An invention should also be non-obvious to someone skilled in the relevant field. This means the invention must not be an obvious improvement or combination of existing technologies.

The non-obviousness requirement aims to prevent the grant of patents for minor tweaks or obvious modifications to existing inventions. The more significant the inventive step, the higher the chances of meeting the non-obviousness criterion.

The invention should serve a purpose

The invention must be useful and practical for a patent to be granted. The utility requirement helps ensure that patents are not granted for abstract ideas or concepts without real-world application. Demonstrating the usefulness of your invention through experimental evidence or prototypes can strengthen your patent application.

Understanding the patentability requirements is essential for any business owner looking to protect their innovative creations.