Patentability refers to the criteria and standards that an invention must meet to be eligible for patent protection. Securing a patent grants the inventor exclusive rights to the invention, preventing others from making, using, selling, or distributing the patented item without permission. To be patentable, an invention must satisfy three primary criteria: it must be novel, non-obvious, and useful.
Criteria for Patentability
Novelty (Newness)
Novelty is the condition that the invention must be new and not already part of the existing body of knowledge, known as “prior art.” Prior art includes any previous patents, publications, public demonstrations, or other disclosures. An invention fails the novelty test if it has been described in prior art, making it ineligible for patent protection.
Non-Obviousness (Inventive Step)
Non-obviousness indicates that the invention must not be an obvious extension or trivial improvement of existing technology or knowledge to someone with ordinary skill in the relevant field. The non-obviousness criterion is assessed by examining the differences between the invention and the prior art and determining if these differences would be considered inventive and non-trivial.
Utility (Usefulness)
Utility requires that the invention must have a specific, substantial, and credible use. It should be operable and provide some identifiable benefit. Without utility, an invention cannot be patented, even if it meets the novelty and non-obviousness criteria.
Special Considerations in Patentability
Types of Patentable Inventions
- Utility Patents: Cover new and useful processes, machines, manufactures, or compositions of matter.
- Design Patents: Protect new, original, and ornamental designs for manufactured items.
- Plant Patents: Apply to new and distinct plant varieties reproduced asexually.
Examples and Applications
Example 1: A novel drug discovered to treat a certain disease would be patentable if it hasn’t been disclosed before, is not an obvious modification of existing treatments, and effectively provides the intended therapeutic effect.
Example 2: A new type of smartphone with an innovative interface that significantly improves user interaction could meet the patentability criteria if the features are novel, non-obvious, and useful.
Historical Context of Patentability
The concept of patentability dates back to ancient times, with early forms of patent laws appearing in Greek cities around 500 BCE. Modern patent laws, however, were significantly influenced by the Venetian Patent Statute of 1474 and later, the UK Statute of Monopolies 1624, which shaped the principles of novelty, non-obviousness, and utility.
Applicability and Procedure
To secure a patent, an inventor must:
- Conduct a Patent Search: Identify potential prior art.
- Prepare a Patent Application: Including detailed descriptions, claims, and drawings.
- Submit to a Patent Office: Such as the United States Patent and Trademark Office (USPTO).
The patent office will then examine the application against the criteria of patentability.
Related Terms
- Prior Art: Existing knowledge that relates to the invention’s field.
- Patent Infringement: Unauthorized use of a patented invention.
- Intellectual Property (IP): Legal rights established for creations of the mind.
FAQs
Q1: What makes an invention non-obvious? An invention is non-obvious if the differences from prior art are not obvious to someone skilled in the art, meaning they require a significant inventive step.
Q2: Can a discovery be patented? A discovery can be patented if it is applied in a new and useful way, meeting all patentability criteria.
Q3: How long does patent protection last? In most jurisdictions, utility patents last for 20 years from the filing date, while design patents last for 15 years.
References
- WIPO, “What is a Patent?” Retrieved from WIPO.
- USPTO, “General Information Concerning Patents.” Retrieved from USPTO.
Summary
Patentability ensures that only inventions meeting certain standards are granted patent protection. These standards—novelty, non-obviousness, and utility—are fundamental to fostering innovation and rewarding inventors while balancing public interest. Understanding these criteria is critical for navigating the patent application process and securing intellectual property rights.
