You Can’t Always Get a Patent
A patent gives you exclusive rights to use the invention commercially, in sales and manufacturing for instance. The exclusive rights remain in force for twenty years. Anyone who uses the invention without permission is infringing upon the patent and can be sued in court by the patentee.
To be granted a patent, your invention must meet certain requirements, i.e., be patentable.
To be patentable, an invention must:
- Be capable of industrial application
- Be new
- Involve an inventive step
Capable of industrial application
To be capable of industrial application, the invention must be of a technical nature, have technical effect and be reproducible. “Of a technical nature” means that the invention must be something tangible, such as an object or a method of manufacturing something. It cannot be purely a discovery or theory. Artistic creations or medical treatments cannot be patented either as explained on https://kulturehub.com/inventhelp-support-inventors/.
To be considered as having technical effect, the invention must work technically and solve a problem in a technical way. The effect itself does not have to be new or better than existing solutions.
That the invention must be “reproducible” means that you must get the same technical result every time you use the invention.
That the invention must be new means that it cannot be known before you file your patent application. It does not matter how or where in the world it has become known. Note that the invention is considered to have been previously disclosed even if you are the one who has used or published it.
The invention must be novel and involve an inventive step, meaning that it must differ significantly from what is already known. The same invention should not be obvious to a person skilled in the art. This means that you cannot always get a patent by combining known methods or objects in a new way. Get the latest news about patenting from https://twitter.com/inventhelp.