"Generally, an invention must meet each of the following requirements before it can be patented.
• An invention made by one or more inventors. This includes products, processes or methods in almost all fields of technology.
• Novel. The invention does not already exist.
• Inventive step or non-obvious. The invention would not be obvious to a ‘person skilled in the art’ who has ‘common general knowledge’ in that field.
• Capable of industrial application or utility. The invention can be made or used in industry, does as is claimed and/or has economic significance.
All 164 World Trade Organization members must comply with these principles, standardized by the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
The TRIPS agreement protects “any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application”. In its wording, ‘inventions’, ‘new’, ‘inventive step’ and ‘capable of industrial application’ are terms of art, each with a legal definition.
In essence, an object is not patentable if any of these requirements is not met." [1]
1. Nature 605, 616-618 (2022)
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