Patentabilitynamely

Patentabilitynamely refers to the criteria that an invention must meet to be granted a patent. These criteria ensure that only genuine innovations are protected by the patent system, preventing the monopolization of existing knowledge or trivial advancements. The primary requirements for patentability are novelty, non-obviousness, and utility.

Novelty means that the invention must be new. It cannot have been publicly disclosed or known before the patent application was filed. This includes prior art, which encompasses all information that has been made available to the public before the filing date, regardless of its origin.

Non-obviousness, often referred to as inventive step, requires that the invention would not have been obvious to a person having ordinary skill in the art to which the invention pertains, at the time the invention was made. This prevents patents from being granted for simple modifications or combinations of existing technologies that a skilled individual could readily conceive.

Utility, or industrial applicability, means that the invention must have a practical use. It must be capable of being made or used in some kind of industry. Inventions that are purely theoretical or abstract, lacking any concrete application, are generally not patentable.

In addition to these core requirements, patent laws in different jurisdictions may have further stipulations, such as the invention being adequately described in the patent application. Meeting these patentability hurdles is crucial for securing exclusive rights to an invention.