• How can I tell if an invention is patentable?

    Europe

    For an invention to be patentable, it must:

    • be new
    • involve an inventive step
    • be capable of industrial application and
    • not fall within certain exclusions

    For an invention to be new (under UK, German and European standards) it must not have been made available to the public in written or oral form anywhere. If you have conducted your own searches and believe it meets this standard (and you have not yourself made the invention available publicly), you have passed the first hurdle.

    Whether an invention involves an inventive step (i.e. is not obvious) is a complex legal question. There is a large body of case law indicating what is or is not obvious. We do not recommend that you try to make this determination. Speak to the experts.

    The requirement of "industrial application" is very broad and in practice encompasses almost everything except a perpetual motion machine. It can generally be ignored.

    The specific exclusions are complex. They are set out in Section 1(2) of the Patents Act which mirrors Article 52(2) of the European Patent Convention. Again, we do not recommend that you make your own determination as to whether an invention is excluded. We pride ourselves in protecting inventions that our clients might at first sight think are not patentable.

    Outside Europe

    The above are the criteria in Europe. Bear in mind that even if you cannot protect your invention by a patent in Europe, there may be other countries available to you or other options. Please enquire.

    Exclusions (or not) from patentability in Europe, and links to selected relevant articles on this website