If you have developed your product, or are in the process of developing your product there must be one thing you’re wondering about. Is it possible to get a patent on my product?
To get a patent on your product, your invention must fulfil four criteria. Together, these are often referred to as the “NUNS” criteria.
The NUNS test includes tests of Novelty, Utility, Non-Obviousness, and Subject Matter Eligibility.
Now, let’s look at these requirements one by one.
First, we have novelty. Novelty means that you have added a new element to your product. The new element should be such that it does not exist elsewhere in the world.
For example- take a pen. Imagine that you have made a modification to that pen that makes it possible for it to write in the air.
The modification that makes this output (ie, writing in the air) possible needs to be checked for newness. Which it to say, how it works must be compared to all published and existing technology in the world today, and that working must be novel compared to all of that information.
The second element is utility. This means that your invention should be capable of being used in an industry. Making something of no use would mean that your chances of patenting it are nonexistent.
That said, it is very rare for any technology or product to not have a use. If someone is sinking effort and time into a product, it is almost certainly done keeping in mind some end utility.
The third criteria is non-obviousness, which ties in a little to novelty. It means that he novel element of the product discussed before should not be obvious to a person skilled in the art of that particular field the invention is part of.
Let’s take the same example as the hypothetical air-writing pen we used before. If the modification made to that pen is something that can make a pen manufacturing expert go “oh that’s something everyone can think of”, chances are it’s obvious.
But if the expert cannot in the normal course of affairs think of that modification as obvious, it is clearly non-obvious and it fulfils the third criteria.
The final requirement is subject matter eligibility.
Even if you check all the previous three boxes there might still be a scenario where your product won’t be granted a patent, and that’s if your product does not meet the subject matter requirements.
Under these restrictions, various countries ban certain types of technologies from getting patents. For example, products related to atomic energy cannot get patented in India.
Other examples of non-patentable subjects in India are diagnostic methods, business methods, inventions based on traditional knowledge, inventions that are living organisms (for example, a clone) and invention that are contrary to public morality.
These criteria may differ from country to country, and it’s usually a good idea for any inventor to check the requirements of subject matter in their country before pouring themselves into their research.
If you fulfil all these four criteria, namely Novelty, Utility, Non-Obviousness and Subject Matter Eligibility, you can definitely get a patent for your invention.
Contact Us at info@thepalaw.com if you want to know more about what how you can make your invention patentable!
