What are the requirements for the patentability of an invention?
March 9, 2024 | 50,00 EUR | answered by Andrea Maier
Dear Patent Attorney,
I am contacting you as I am currently dealing with the topic of patent law and am unsure whether my invention is patentable. My invention is a new technical process for producing environmentally friendly packaging materials, which I have developed over the past few years.
I have already conducted some research to determine if my invention meets the requirements for patentability, but I am unsure if my invention is truly new, inventive, and industrially applicable. Additionally, I have concerns that my invention may not be sufficiently described in concrete terms to be eligible for a patent.
Therefore, I would like to ask for your professional assessment: What specific requirements must be met for the patentability of an invention? Are there specific criteria that my invention must meet to obtain a patent? And how can I ensure that my invention meets the requirements of patent law?
I would greatly appreciate your support and advice on this matter to determine whether it is advisable to apply for a patent for my invention. Thank you in advance for your assistance.
Sincerely,
Ella Klein
Dear Mrs. Klein,
Thank you for your inquiry regarding the patentability of your invention in the field of environmentally friendly packaging materials. As a patent attorney, I can provide you with more information on the requirements for the patentability of an invention.
In general, three main requirements must be met for an invention to be patentable: novelty, inventive step, and industrial applicability.
1. Novelty: Your invention must be new, meaning it must not have been publicly disclosed before the filing date of the patent. This also includes your own publications. It is important to keep your invention confidential before filing the patent to maintain novelty.
2. Inventive step: Your invention must go beyond the existing knowledge in the field and not be based on obvious steps. There must be an inventive effort that is not obvious.
3. Industrial applicability: Your invention must be industrially or commercially applicable, meaning it must be technically feasible and reproducible.
To ensure that your invention meets the requirements of patent law, it is advisable to conduct a comprehensive search to determine if your invention is actually new. You can use databases such as the German Patent and Trademark Office or the European Patent Office for this purpose. Additionally, it is advisable to describe your invention in detail and precisely to ensure that all technical details and functionalities are clearly outlined.
If you are unsure whether your invention meets the requirements for patentability, I recommend consulting a specialized patent attorney. They can help you review your invention and assist with the patent application.
I hope this information helps you decide whether it is worth filing a patent for your invention. If you have any further questions, please feel free to contact me.
Best regards,
Andrea Maier, Patent Attorney
