In: Economics
1) Patentability refers to the act of protecting the invention
or nay other intellectual property or an idea from duplicacy by
others. It ensures the said invention or idea stays in the credit
of inventor or originator without getting claimed as own by
others.
It prevents the invention from getting exploited by others for a
particular period of time until benefits frim that invention are
yielded by the inventor before making the invention for the public
use at large.
The invention for getting patentability needs to satisfy certain conditions under law. These can be substantial conditions or legal ones that need to be fulfilled for ensuring the invention to be patentable.
Patentibility for an invention needs to satisfy the following mentioned conditions in order to get patent:
Non obvious
The invention should be such that cannot be thought of by everybody
and should be generated only after a deep understanding , clear
knowledge and its use
Unique
The patent needs to be unique in terns of its nature,
applicability, features, characteristics, substances etc. It should
not have been available before.
Useful
The subject matter i.e invention or any intellectual propert should
be having a particular purpose , or objective. It should be
directed towards fulfiiling a need, solving a problem , providing
ease and to be used for betterment of something.
Industrial use
The invention should be applicable in its particular domain or
field. It should be capabke enough to be exploited for good. It
should or may have an industrial applicability.
Novelty
It is important for the invention to be new. It needs to be fresh
and should not be used or applied before.
Inventive
Invention should be newly emerged idea , it should be innovative of
which nobody thought before.
2) The extend to which the claim can be made for an invention to be patentable under law are listed below:
Independent terms:
The invention should belong to a particular identifiable person or group pf persons rather than an informal or not legal entity or association.
The idea behind the invention should not be belonging to a person who has no deep understanding about it and is unaware if its use while apllying for its patent. Discovery and deep evaluation about the invention is needed to be made before applying for patentability.
The inventor while applying for patentability should not have made the invention available for people to access publically
The inventor should be having a clear cut proof about his claim to have invented this idea.
The invention should meet the requirement of being valid and effective in its field. It should have a proper use or should be applicable.
Subordinate term :
The invention needs to be invented by a person of expertise , with a preferable clear intention to invent. If it is accidental or originates without any intention, it still can be patented as long as the idea or invention is identified to be valid or useful by the originator only.
If some other person identifies and validates the accidental act as a invention befire originator , it cannot be legally patented under law except for some conditions that are to be met
Hope i explained well in the limited time frame.
Good luck and God bless you
Sorry for typing fast resulting in mistakes
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