What is Patentable?
For an invention to be eligible for grant of a patent (i.e. patentable), the following 4 requirements must be met:
1st requirement : Patentable Subject
The invention must be a patentable subject.
Some examples of inventions that may be patentable include: software-related inventions, new products like medical devices, and pharmaceutical drugs, new manufacturing process, etc.
Some examples of invention that may not be patentable include artistic creations, mathematical models, theories, methods for medical treatment or diagnosis, and abstract intellectual or mental concepts or processes, etc.
2nd requirement: Novelty
This means the innovation must be new. For example, if the product has been sold already or made known to the public, the prior use or disclosure will disqualify the product from being patentable.
It is therefore important to ensure that there is no disclosure of an innovation before making a patent application, or any prior disclosure of an innovation should be protected by a confidentiality agreement, in order to preserve the novelty of the innovation.
The novelty (newness) of an innovation is assessed as at the date that of the filing of your patent application or a priority filing date lawfully claimed in the patent application.
3rd requirement: Inventive
This means that the innovation must not be obvious to a person skilled in the art.
4th requirement: Utility
The innovation must be useful and capable of industrial application. That is whether the innovation can be made or used in the industry in accordance with the claims that are made in the patent application. It does not relate to whether or not the marketplace would find the innovation useful.
For Hong Kong patent services and advice, please contact Chow & Cheung, Hong Kong Solicitors, Notary Public & China Appointed Attesting Officers
Tel: + 852 2856 3799 Email: cac@ccsn.hk
www.ccsn.hk
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