Inventions can be patented, but mere ideas cannot. Inventions require the enablement of an idea. In order for an invention to obtain patent protection it must meet the following general criteria:
Novelty
The invention cannot have been publicly disclosed, prior to the filing, or priority date, by the inventor or any other party. Any form of public disclosure, including talks, web postings, conference posters, or academic publications will result in the loss of patent rights in most of the world. However, there are exceptions in a few countries that offer a one-year grace-period after a public disclosure. These countries include the US, Australia and Canada.
Our team of Tech Transfer Managers will undertake a rigorous search of the patent and journal literature prior to patent filing, in order to ensure that the invention is novel and to determine the scope of likely protection an issued patent will ultimately afford.
Non-obviousness
This is a complex and evolving area of patent law but, fundamentally, an invention is patentable only if its conception is not considered to be obvious to a person skilled in the field of research. Obviousness objections may arise if a patent examiner can combine two or more known components or bodies of knowledge in a manner that "suggests" the new invention, even if the suggestion does not specifically enable the invention to be made or used. This requirement varies by country and has recently become substantially more difficult to meet in the US Patent and Trademark Office.
Usefulness
This requirement is the lowest bar to patenting and is generally easily met. This criterion is used to prevent the patenting of inoperable devices, such as perpetual motion machines.
Still have questions? Contact our team of experts to learn more.
