How can you determine if your work is patentable?

Novelty, utility and inventive step - if you get these three things right, your invention is patentable. However, the measure by which these three requirements are satisfied in a country depends on the country's industrial advancement, and as we all know, patent rights are jurisdictional.

This should not be used for destructive methods like bombs. Patentable work also should not cover a mere mathematical formula disguised as an algorithm or naturally occurring substance or living being.

A patentable idea is, generally speaking, a solution to a concrete technical problem by technical means. But what is a concrete technical problem? A problem is concrete if it is not abstract. Concrete means specific to a technical field. The problem should show traces of the technical field. For instance, implementing a manual procedure on a computer is not a concrete problem. Implementing a certain way of access authorisation on a computer might be a concrete technical problem.

To determine whether an "idea" (as invention assumes its already eligible) is patentable: In the US: (1) is the idea eligible? Any process, machine, manufacture or composition of matter, that is not an abstract idea, law of nature, or natural phenomenon, is eligible. (2) is the idea novel? This is an easy bar to clear. It's novel if nothing exactly like your idea has been done before. (3) is the idea non-obvious? This is generally the biggest hurdle to patentability. Basically, if someone looking at the prior art would have obviously tried or come up with your idea, it's probably not patentable. (4) does the idea have utility? Another easy bar, if the idea provides any use, even something not very practical, it has utility.

Determining the patentability of your work involves a comprehensive assessment of its novelty, utility, and non-obviousness within the legal framework. Engage a patent attorney or agent proficient in intellectual property law to conduct a thorough search and analysis of prior art and existing patents in your field. Additionally, consider the jurisdiction-specific patent laws and regulations that might influence the eligibility and scope of your invention for patent protection, as criteria can vary across different regions or countries.

You cannot patent an algorithm or illegal applications or bombs and such devices. It should not be a combination of two patents or a patent and an obvious situation.

A usually overlooked exception is that the new art (yes, that's the term used for patentable innovations) should not be such that another person could determine that through a obvious sequence of events based on older existing work.

I discussed this above, but a few more examples of "ideas" that would not be patentable are: something that doesn't have use (utility). something that cannot be enabled (can't teach someone else how to make and use your new idea). something illegal or against national security.

If you do not file a patent and disclose your invention it is not patentable. In terms of utility patent a technical solution to a technical problem is potentially patentable. The following question is how broad the claims that may be granted. This is determined during substantive examination. The story only starts with the filing. Therefore, asking a professional and filing a patent is the best way to know if your invention is patentable.

(1) I cannot overemphasize the necessity of carrying out a patent search before you file a patent application. Ideally you have carried out the patent search before you have decided on your line of investigation. (2) For everyone except those in large companies or large universities- the goal of a patent filing is primarily to protect your "right to practice" your new technology. Realize that prosecuting infringement is often a very expensive and tedious process. Licensing your technology can be most convenient.

Many patent offices will provide a quality search report for reduce cost (e.g. 260 euro in France for a small entity - that’s less than 1 hour of a patent attorney). It is released in 9 months on an average (before the priority date) and may provide a partial tax refund in a subsequent European or PCT filing. Therefore, ask a professional, file early (filing date is the most precious unrecoverable feature of a patent) and once the search report is released, improve the draft for priority filing : so far the application and the search report are both kept secret.

First, try and "expand" your invention as much as possible. Think about: • any other way someone else could achieve the results of your invention • any other application where your invention would provide value Then, provide a high level description of your invention in the application, while including lots of very detailed examples of how your invention works. It's generally better to spend more time and money on a high quality patent application. Also, make sure your patent attorney is has a strategy that is aligned with your business goals. You both need to know why your are filing this specific patent application.

A patent is a whole:”good” broad claims with a poor specification are worthless. A patent agent/ attorney has probably drafted and prosecuted hundreds of patents (remember filing is just the beginning of the journey) . Therefore, first thing “ask professional” . Usually, no one files a patent for fun, there is or there should be a business project behind: consider the patent costs as part of your business plan.

The patent had to be granted, keep in mind it may be invalidated by the defendant. An infringement suit may last for years and cost a lot. The défendent may have much higher resources and exhaust you before you may even get a decision. Appraise cost, risks, strength and weakness before starting any action. Think settlement from the beginning. It should always start with a formal notice, having it done by an attorney keeps the privilege and will help for potential amicable settlement. Assess the strength of evidences and how to collect them (depends on judiciary system) Injunctive relief is a one shot weapon, weight pro and cons before using it, custom seizure also useful. Do not advertise or brag about the action (e.g. to customers).

Be clear about the business case for obtaining a patent before filing - could maintaining the invention as a trade secret be a longer term protection? Just because an invention can be patented, doesn't mean that it should be patented. Patent prosecution is an expensive and time consuming process - ensuring that the invention to be patented aligns with your organisation's business strategy is the first step. Also consider the nature of the invention being patented. Processes are usually internal to a business and so even with a patent, how easy will it be to detect a competitor infringing that patent? Similarly, could reasonable steps be taken to keep the process a trade secret as an alternative to publication in a patent?

When looking at whether or not to patent your "idea", consider: • how detectable is it? • how valuable is it? If not detectable, you most likely want to pursue trade secret protection, or no protection at all. If valuable, its probably best to file for a patent. However, you would also want to predict what the value would be, and then determine your patent budget appropriately, to align the patent strategy with your business objectives.

Filing a patent usually has 2 underlying purposes: 1. To protect new inventions/ innovations. This is simply to ensure that one's intellectual property is not infringed upon and they can commercialise their invention. This is done when there is a clear new product that is to be developed and marketed. 2. To ensure non competition. This is a more grey zone where companies (or individual inventors) file broader patents around a new invention so as to avoid others from working on closely related products. This is more of a general deterrent than an exact product/invention being protected.