The five requirements for obtaining a patent is:
- The innovation is patentable subject matter: In this new products such as toys, appliances, tools, medical devices,pharmaceutical drugs are included. New processes such as manufacturing processes or an industrial method or process. Software’s, business method, and some type of biological materials are included. The non-patentable things are artistic creation, mathematical algorithm or models, abstract intellectual or mental concepts or processes, plans or schemes, principals or theories.
- The Innovation should be New(Novelty): You cannot patent something that is already publicly known as it would be unfair, to confer economic benefits of a patent in a relation to something that is already publicly known. The test for ” novelty” is assessed as at the date you file your application for the patent. For this reason, if you intend to disclose your product,or process to someone it is critical that you have confidentiality agreement you should sign before hand.
- The innovation is inventive: This requirement for inventive step relates to obviousness of new product, process or invention. If it is obvious to a skilled person, it is not patentable.
- The Innovation is Useful: This requirement does not relate to whether the new product, process, or invention is useful in terms of whether or not someone would buy it. Instead it relates to whether the invention is capable of being made in accordance with claims and information in the patent.
- The Innovation must not have a prior use: If you have been selling products using the process, in your business or if you have licensed it, this prior use disqualifies it from being patentable.