patentability

Patentability is the set of criteria used to determine whether an invention is eligible for a patent. It serves as a gatekeeping standard for patent offices, aiming to promote innovation while ensuring public disclosure of useful knowledge.

Core criteria typically include novelty, inventive step (non-obviousness), and industrial applicability (utility). Novelty requires that the invention is not anticipated by prior art, meaning it has not been disclosed before. Inventive step means the invention would not be obvious to a person skilled in the relevant field. Industrial applicability requires that the invention can be made or used in industry and provides some practical utility.

Subject matter limitations: Some things are excluded or restricted in many jurisdictions. Abstract ideas, natural phenomena, and laws of nature are generally not patentable, though applications or technical improvements based on them may be. The patentability of software, biotechnology, and business methods varies by jurisdiction and may depend on tied technical effects, specific implementations, or industrial applicability. In some places, methods of medical treatment are not patentable as such, though related devices or formulations may be.

Process and scope: Patentability is assessed through examination by a patent office. An applicant files a patent application with claims that define the legal scope of protection; examiners review prior art, evaluate novelty and inventive step, and may require amendments before a patent is granted. The defined claims determine the extent of the exclusive rights.

Duration and geography: Patent protection typically lasts about 20 years from filing, subject to maintenance fees. Rights are granted by national or regional offices, with varying rules and regional agreements affecting how protection is obtained and enforced globally.