What can be patented is a question that is often asked by
inventors. It is always better to have a heads up on what can be
patented in order to determine the patentability of an invention
before filing for a patent. Our previous
blog post has comprehensively explained the patentability
requirements. The patentability requirements may be summarized as
below:
1. Novelty
2. Non-obviousness
3. Capable of Industrial Application
Of the aforementioned requirements, the requirement of
non-obviousness is relatively controversial given the fact that
there is no set standard for determining whether an invention is
obvious or not. Non-obviousness means the invention must not be
obvious to a person skilled in the same field as the invention
relates to. This is, therefore, a subjective requirement that
varies from one invention to another. In order to circumvent this
subjectivity, different jurisdictions have adopted different
criteria for determining whether an invention