Patent legislation requires that to secure a patent over you invention, the invention must:
This means that your invention must have never been made known to the public. This means the public within the UK, Europe or worldwide prior to the date for filing the patent application.
Â Have an Inventive Step:
Â To identify whether your invention involves an inventive step it will be compared with the prior art, i.e. what is already know by the public, and whether your invention would be deemed to be obvious to someone skilled in the particular industry to which the invention relates.
Â Capable of Industrial Application:
Â This does not usually cause too many problems as most inventions are made for a purpose, which is usually for commercial reasons. It must therefore be shown that your invention is capable of being made / used in some kind of industry. Your invention does not have to form part of a machine or the manufacture of a particular article but must have some application to a particular industry and not merely something which is specifically related to intellectual or aesthetic activities. It is also important to identify whether your invention falls within a particular invention which is excluded from protection. Those inventions which are excluded include:
1. A discovery
2. A scientific theory or mathematical method
3. An aesthetic creation such as a literary, dramatic or artistic work (this is protected
4. A scheme or method for performing a mental act, playing a game or doing business
5. The presentation of information or a computer program.