Can my invention be protected by a patent?

When you have put all your hard work into inventing the next best thing, the last thing you want to do is drop the ball and not secure its protection.

A type of intellectual property that many people may have heard of but don’t know the intricacies of, is patents. A registered patent protects a new process or invention.

Not everything can be protected as a patent, so this article will outline the conditions your invention must comply with in order to be successfully registered as a patent.

The conditions are:

  • The invention must be new

When it comes to making sure an invention is new, a search is completed as part of the application process to ensure nothing else like it exists at all. This search will check all existing patent applications, any existing products or processes on the market as well as any research or documentation from within that industry.

  • The invention must be an inventive step

Being new isn’t enough, it is important that any new invention has moved on enough from anything else out there on the market. This moves away from the obvious progression of a product to something that hasn’t been thought of before.

  • The patent must be capable of industrial application

This in short means the product or process must actually be able to work in practice and cannot just be an abstract idea.

  • Cannot be within any of the exclusions

The exclusions in place are anything which consists of—

(a) a discovery, scientific theory or mathematical method;

(b) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever;

(c) a scheme, rule or method for performing a mental act, playing a game or doing business,

or a program for a computer;

(d) the presentation of information;

In addition, a patent shall not be granted for an invention the commercial exploitation of which would be contrary to public policy or morality.

Determining whether your invention can be protected with a registered patent can be very complex, therefore please do get in touch with the Lawdit team who can walk you through the whole process.

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