What Can Be Patented?
Not every idea qualifies for a patent. To be patentable, an invention must meet at least the following key criteria:
- Novelty – The invention must be new and not publicly disclosed before filing the patent application. However, some countries provide a limited grace period for specific types of disclosures that are made under certain legal exceptions.
- Inventive Step (Non-Obviousness) – It must involve a technical advancement that is not obvious to experts in the field of the invention.
- Industrial Applicability – The invention should be useful and capable of being made or used in an industry.
If an invention meets the above criteria, it must also fall under the categories of patentable inventions. Patent laws differ by country, meaning what is patentable in one jurisdiction may not be in another. Some of such categories are as follows:
- Processes & Methods - Covers new manufacturing processes, industrial techniques, and methods used to create a product or improve an existing one. Example: A new process for producing biofuel more efficiently.
- Products & Machines - Includes physical inventions, mechanical devices, and industrial equipment that offer a unique function. Example: A new type of water purification device.
- Composition of Matter - Refers to new chemical compounds, pharmaceutical formulations, and material compositions. Example: A newly developed biodegradable plastic.
- Biotechnology & Plant Varieties - In some countries, genetically modified organisms, microorganisms, and new plant varieties with human intervention can be patented. Example: A genetically modified pest-resistant cotton plant.
- Designs - Ornamental or aesthetic designs of products can also be protected under design laws. Example: A new, unique car headlight shape.
It is essential to recognize that patent laws vary across countries, meaning an invention that is patentable in one jurisdiction may not qualify in another. Therefore, a country-specific analysis is crucial before filing a patent application.
Who Can Apply for a Patent?
A patent application can be filed by individuals or entities that have the legal right to seek protection for an invention. Understanding who is eligible to apply is crucial to ensuring a valid patent filing.
- The True & First Inventor - The original creator of the invention, either individually or jointly with co-inventors, has the primary right to apply for a patent. If multiple inventors contribute to an invention, they must be named as joint applicants.
- The Assignee - If the inventor has assigned their rights to an individual, company, or institution (such as an employer or research organization), the assignee can file the application. The assignment must be in writing and legally documented.
- A Legal Representative - If the inventor is deceased or unable to apply, their legal heir or representative can file the patent application on their behalf.
Foreign Filing License Requirement
Before filing a patent application in a foreign country, some jurisdictions require applicants to obtain a Foreign Filing License (FFL).
Failure to obtain a Foreign Filing License when required can lead to penalties, application rejection, or even criminal liability in some cases. Inventors and applicants should carefully review the regulations of their respective countries before pursuing foreign patent filings.
Key Takeaway
If you have a new, non-obvious, and industrially useful invention, you may be eligible to apply for a patent. However, understanding what can be patented and who can apply is essential to securing strong patent protection. Additionally, if an applicant wishes to file in a foreign country, they must comply with foreign filing license requirements where applicable.
Would you like assistance in determining whether your invention is patentable? Consult a patent expert or check national patent office guidelines for detailed insights.