Patentable inventions: Overview, definition, and example
What are patentable inventions?
Patentable inventions are new and innovative creations that meet certain legal criteria, allowing the inventor to apply for a patent. A patent is a government-granted right that gives the inventor exclusive control over their invention for a limited period (usually 20 years). To qualify as a patentable invention, the idea or product must be novel, non-obvious, and useful. The invention could be a new process, machine, product, or chemical composition, or it could be an improvement on existing inventions.
For example, a new type of smartphone technology that significantly improves battery life could qualify as a patentable invention if it meets the legal requirements of novelty and usefulness.
Why are patentable inventions important?
Patentable inventions are important because they encourage innovation by providing inventors with the legal protection to profit from their ideas. A patent gives inventors the exclusive right to make, use, sell, and license their invention, which helps them secure financial rewards for their creativity and effort. Patents also contribute to technological advancement by disclosing the details of new inventions, allowing others in the field to build upon them and continue improving technology.
For businesses, patent protection can create a competitive edge and prevent others from copying or using their inventions without permission. For individuals, obtaining a patent can open up opportunities for commercializing an invention and protecting intellectual property.
Understanding patentable inventions through an example
Imagine an engineer develops a new, highly efficient solar panel that uses a unique material to convert sunlight into energy more effectively. This invention would need to meet the criteria for patentability: it must be novel (no one else has made it before), non-obvious (it is not an obvious improvement of existing technology), and useful (it provides a practical benefit, such as generating more energy). If it meets these requirements, the engineer can file for a patent, granting them exclusive rights to the solar panel for a set period.
In another example, an inventor creates a new type of self-cleaning window for buildings, which uses a special coating that repels dirt and water. If the invention is novel, non-obvious, and useful, it would be considered patentable and eligible for patent protection.
An example of a patentable inventions clause
Here’s how a patentable inventions clause might appear in an employment agreement:
“The Employee agrees to disclose any inventions, discoveries, or innovations developed during their employment that could be patentable under applicable laws. The Company shall have the right to file for a patent and shall retain ownership of any patentable inventions made during the term of employment, unless otherwise agreed.”
Conclusion
Patentable inventions are innovations that meet specific legal criteria, allowing inventors to apply for patent protection. By granting exclusive rights to the inventor, patents foster innovation, encourage investment, and protect intellectual property. Understanding what qualifies as a patentable invention is essential for businesses and inventors who wish to safeguard their ideas and gain a competitive advantage in the marketplace.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.