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Q: What are the criteria for patenting an idea?

Apr 21 2009

Answered by: Marc Barber     Ask a question

For something to be regarded as an invention, it needs to meet four requirements. These are that it must:

•    be new: it must not have been published or made known anywhere in the world previously.

•    involve an alternative step: by and large this means it must not be obvious to another person with knowledge of that particular subject.

•    be capable of industrial application: an idea that cannot be made or used will not be counted as an invention.

•    not be excluded: there are various categories that are excluded by law. These include something that is a discovery (that is, you found out about it, but did not invent it), scientific theory or mathematical method, mental process, literary, artistic or aesthetic creation, playing a game, presentation of information or a computer programme. Also anything that would be regarded as encouraging offensive, immoral or antisocial behaviour, a new animal or plant variety or a method of diagnosis or surgery for animals or humans.

 
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