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ARTICLE · 11 JUNE 2010

What is a Patent?

Patent law protects new inventions which have a possible industrial application.

GuernseyIntellectual Property

Much of this Red Guide was originally published in the Journal of the Chartered Institute of Patent Attorneys, October 2009

Patent law protects new inventions which have a possible industrial application. Examples of such inventions pervade every aspect of human life: from electric lighting (patents held by Edison and Swan) to ballpoint pens (patents held by Biro). What all of these inventions have in common is that they represent either a product or a process that provides a new way of doing something or offers a new technical solution to a problem. Granting protection for these inventions encourages continued innovation.

In order to obtain patent protection, an invention must be shown to be capable of industrial application, display an element of novelty, and be the result of an inventive step that could not be deduced by a person with an average knowledge of the field in which it was designed.

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