Question

For a ‘patent’ to be protected by law (patentable), the invention must have a few characteristics.

List the characteristics and explain.

Answer 1

A patent is a right awarded by the government to an inventor, that excludes others from inventing, using or selling the patented invention. For an invention to be patented and protected by law, it must possess the following characteristics:

• Novelty: This is a basic requirement. The product must be new, as already existing inventions cannot be patented. There is a small exception here as a new use for an existing product can also be patented. This is frequently seen when an already existing drug finds application in the treatment of a completely unrelated disease. The said application has to be unrelated to the original use.
• Usefulness: A patentable invention has to be useful. This might be the easiest characteristic to achieve, as most inventors aim at creating an invention that benefits the general public. This requirement is more important in the case of pharmaceutical drugs as it is necessary to specify its usefulness and viability. However, natural phenomena, discoveries of nature and other abstract ideas cannot be patented.
• Non-obvious: This requirement needs the invention to be reasonably different from what is already out in the market. The invention to be patented is compared to a similar invention to see if the difference is obvious to a person of ordinary technological skills. Even an invention with a miniscule difference can be characterised as a Non-obvious patent.
• Industrial application: For an invention to be patentable, it must have a useful application in industries. Such patents are called ‘Utility Patents’ and it covers articles of manufacture, machine, or a composition of matter. In order to apply for a Utility patent, it is necessary to explain how the invention is used.