How to Identify Patentable Inventions: A Guide for Inventors


Identifying patentable inventions is crucial for inventors who seek to protect their innovative ideas. Patents grant exclusive rights, allowing inventors to prevent others from using, making, or selling their inventions. However, not all inventions are eligible for patent protection. This guide provides essential steps and considerations to help inventors effectively identify patentable inventions.

Understanding Patentable Inventions

To be eligible for patent protection, an invention must meet specific criteria. A patentable invention is:

  • New: It is not publicly disclosed or available in any form before the filing date of the patent application.
  • Useful: It has a practical application or utility.
  • Non-obvious: It involves an inventive step or is not an obvious improvement over existing technologies.
  • Proper subject matter: It falls within the categories of patentable subject matter, such as processes, machines, compositions of matter, or new and useful improvements thereof.

Novelty and Non-Obviousness

Novelty and non-obviousness are key factors in determining patentability.

Novelty means the invention must be new and not disclosed or publicly known before the filing date of the patent application. Any public disclosure, publication, sale, or use of the invention prior to filing a patent application may jeopardize its novelty.

Non-obviousness, also known as inventive step, means the invention should not be obvious to a person skilled in the relevant field. It should involve an inventive solution or improvement that is not readily deducible from existing knowledge or technologies.

Steps to Identify Patentable Inventions

  1. Document Your Invention

Start by thoroughly documenting your invention. Describe its technical details, functionality, and any unique features or improvements. Sketches, diagrams, and prototypes can also help visualize and communicate your invention effectively.

  1. Conduct a Prior Art Search

Perform a prior art search to identify existing technologies or similar inventions. Search through patent databases, scientific literature, and relevant sources to determine if similar inventions already exist. This step helps you assess the novelty and non-obviousness of your invention.

  1. Assess Novelty and Inventive Step

Analyze the results of your prior art search and compare them to your invention. Determine if your invention offers new and inventive elements that distinguish it from existing technologies. Assess whether your invention provides a non-obvious solution or improvement over the existing state of the art.

  1. Evaluate Commercial Viability

Consider the commercial potential of your invention. Evaluate its market demand, potential competitors, and economic viability. Assess whether your invention solves a problem, offers advantages over existing solutions, or creates new opportunities in the marketplace. A commercially viable invention can increase the value and potential profitability of your patent.

  1. Consult with a Patent Professional

Seek advice from a patent attorney or agent to further evaluate the patentability of your invention. Patent professionals have expertise in patent law and can provide guidance on the specific requirements and strategies for patent protection. They can assess the strength of your invention, review prior art, and help you navigate the patent application process.


Identifying patentable inventions requires a systematic approach that includes documenting your invention, conducting a prior art search, assessing novelty and non-obviousness, evaluating commercial viability, and seeking guidance from a patent professional. By following these steps, inventors can effectively identify inventions with strong patent potential and take appropriate steps to protect and capitalize on their innovative ideas.

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