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The Patentability Test: Determining if Your Invention is Patentable

A patent is a document issued by the US Patent and Trademark Office (USPTO), giving the owner several additional rights. When you have a patent, you are the only person who can sell your particular invention. The patent owner can also stop others who try to sell an infringing similar invention and collect damages.

If you have created a new invention that you think can make money, your first step is to determine whether your new invention is patentable. Read on for a brief guide on what can be patented so you can start protecting your invention today. 


Novelty means that the invention hadn’t been shown to the public anywhere in the world before the patent was sought. To see if an idea is new, a creator should think about how it differs from other ideas already made.

The inventor would have to look through databases of patents. The creator also needs to find out if a similar idea has already been thought of, in which case their idea would not be considered new.

Also, the novelty test would include looking for any prior art in science and other publications, books, articles, and other sources. Once the creator has decided their idea is new and original, they can move on to the next step in the patent eligibility process.

Inventive Step or Non-Obviousness

This part of the patent requirements checks to see if someone else couldn’t easily figure out your idea based on what they already know or have access to. Most inventions that can be patented are based on ideas that are unclear to the average person with the same level of knowledge.

This rule protects ideas that go beyond what we already know or can do. It looks at how knowledgeable the person is in the field, what problem the idea solves, and how it differs from what has already been done.

An inventive step means coming up with a solution to a problem that hasn’t been solved before, improving an existing solution, or coming up with a new and better product. Many ideas might seem creative, but if they don’t meet this requirement, they might not be able to get a patent.

Industrial Applicability or Usefulness

Industrial applicability means an idea can be used to meet a need in manufacturing, medical, or other industries. The invention must be useful for business and interesting from a scientific point of view.

To meet these requirements, a study must be done on the invention and the current technology in the relevant industries. Also, industrial applicability is rated by how well it works in real life, not how well it works in theory.

To see if an invention can be patented under the industrial application, it must be shown that it meets the needs of the business. It should be better than the technology we already have. Once all the requirements are met, you can proceed with securing your patent and registering your IP.

Discover What Can Be Patented

The patentability test is essential to determine if your invention is patentable. While the test is not binding, it does provide an indication of whether the invention meets the criteria for patentability. It looks at several factors to ensure your invention meets requirements of what can be patented.

Using the patentability test in the early stages of invention development is useful to save time and money. If you still ask, “Can you patent anything?” contact an experienced patent law attorney for assistance.

For more advice, browse our other blog posts!

Subhan Saeed
Subhan Saeedhttps://www.updatedjournal.com
Subhan Saeed is the founder of this website. He is an expert in technology, digital marketing, business & finance, and other fields. He is passionate about providing reliable and quality information to his readers.

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