What is patentability opinion or patentability analysis?

The term patentability refers to the eligibility of an invention to obtain patent rights based on criteria laid by relevant patent laws. A patentability analysis report is prepared by an authorized patent agent and includes analysis based on the following criteria:

  • Novelty: An invention is said to be novel when the invention is not anticipated by any single prior art reference. In simple terms, the word anticipation means providing details regarding the workings and feasibility of the same invention.
  • Non-obviousness: An invention is said to be non-obvious, when the invention is not anticipated by any combination of known prior art references.
  • Useful: Invention is said to be useful if it has applications in an industrial setting.
  • Subject Matter: An invention is said to be eligible subject matter if the invention is not excluded by the patent law. The phrase subject matter refers to the concept or aspect that is intended to be protected by a patent. Few subject matters such as business methods are not patentable subject matter in India.