A patent is granted by a sovereign state for an invention claimed by its inventor(s). It provides the inventor with exclusive territorial rights to prevent others from making, using, selling, offering to sell, or importing the invention without authorization. Each country applies its own standards to evaluate whether an invention qualifies for patent protection, which is essential for enforceability. Generally, the key criteria for patentability are novelty, inventive step (non-obviousness), and industrial applicability.
Patentability Requirements:
- Novelty:
The invention must introduce new knowledge, a new product, or a new method. It should not have been previously disclosed in any form—such as granted patents, published applications, scientific literature, or other publicly available information. It must be distinguishable from existing knowledge. - Inventive Step:
The invention must reflect a creative contribution that is not obvious to a person skilled in the relevant field. If the solution could easily be deduced by an expert using ordinary knowledge or common instructions, it will not meet this requirement. - Industrial Applicability:
The invention must be capable of being used or produced in some form of industry. A product or process must therefore be practically applicable and reproducible on an industrial scale.
Non-Patentable Subject Matter:
An invention must fall within the allowable subject matter for patents. Each country specifies categories that cannot be patented. Common exclusions include:
- mere discoveries of natural phenomena or substances,
- abstract theories or scientific principles,
- methods of agriculture or horticulture,
- surgical or medical procedures,
- mathematical methods, business schemes, or computer programs per se,
- literary or artistic works,
- simple mixtures or rearrangements of known products, and
- inventions contrary to natural laws or public order.
Conclusion:
Obtaining a patent requires passing through multiple checks and approvals. Governments assess each claimed invention according to their national laws and standards. To avoid rejection, it is crucial for applicants to ensure their inventions comply with the specific patentability requirements of the country where protection is sought.
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