A practical guide to what is patentable

Have you come up with a great idea and wondered whether you can protect it with a patent? Not every idea or discovery can be patented. To be patentable, an invention must meet a few key legal criteria, think of these as the tests your innovation must pass before a patent office will grant protection.

So, what is an “invention”?

In patent law, an invention is generally a technical solution to a technical problem. Examples might include a new kind of machine, a chemical formula, a manufacturing process, or even a software-related invention, but only when it produces a technical effect beyond the software itself. Pure discoveries or abstract ideas aren’t inventions under patent rules.

Now let’s break down the questions a patent office asks when deciding whether your invention is patentable.

Novelty: Has this been made public before?

To be patentable, your invention must be new. That means no one in the world, including you, has publicly disclosed its core features before the date you file your patent application. Public disclosure includes publications, products sold on the market, presentations at conferences, websites, or even posters at a trade show. If someone else has already published the same idea in a detailed way, a patent won’t be granted.

Inventive step: Is it more than something obvious?

It’s not enough that your invention is new, it must also show an inventive step. This is often described as being non-obvious to a “person skilled in the art,” which is a legal way of saying someone familiar with the existing technology in your field. If your invention is just a simple or predictable tweak that such a person could easily think of, it won’t pass this test.

Industrial Applicability: Can it be made or used in practice?

The third big criterion is industrial applicability, meaning your invention must actually be useful and capable of being made or used in some kind of industry. “Industry” is a broad word here: it spans manufacturing, agriculture, technology, and more. Pure theories that can’t be put into practice don’t qualify.

If your idea ticks all three boxes, you’re in a good starting place for filing a patent application. Want help evaluating your specific invention? It’s often worth talking to a patent professional early in the process. Make an appointment without obligation with one of our experts: +32 (0) 9 230 83 38 or info@brantsandpatents.com