Subject matter eligible for patent protection

Invention

The Patents Act provides that a patent may be granted for 'any new invention' which involves an inventive step and which is capable of being used or applied in trade or industry or agriculture.

Certain inventions are excluded for patentability. For further information please click here to view the section on 'What is a patentable invention'.

Novelty

The most important prerequisite for the patentability of an invention, is that it must be 'new' as defined in the Patents Act. An invention will be new if it does not form part of the 'state of the art' immediately before the priority date (usually the filing date) of the patent application. The state of the art generally speaking includes all matter or information which has been made available to the public anywhere in the world.

Inventiveness

Another important factor which determines patentability, is whether or not the invention involves an inventive step. This entails an enquiry into whether or not the invention is obvious when compared to the state of the art.

For more information please click here to download our information document on Patents for Inventions.