What kinds of inventions can be protected by a patent?

Generally, you can obtain patents for inventions in any technological field. The subject matter of a patent can either be a product or a process. Products that can be patented range from kitchen utensils and machines (i.e. the machines’ functional features) to nanotechnology chips and manufactured articles (e.g. a cup or a table). For processes that can be patented, they are usually methods that consist of a number of steps for accomplishing a particular result or making a particular product, e.g. a process for producing a particular chemical compound. Many products contain several inventions. For instance, a laptop computer can contain hundreds of inventions that work together.

Nevertheless, before an invention can be granted with a patent, it must satisfy three major requirements as specified under section 9A(1) of the Patents Ordinance (Cap. 514):

  1. The invention must be new;
  2. The invention must involve an inventive step; and
  3. The invention is susceptible of industrial application.

However, as one can obtain a patent for a vast number of processes or products, it is best for you to seek advice from a lawyer or patent agent before you make an application to ensure that your application has a high success rate. This is because your product or process may be very similar to an existing product or process, or the same product or process may have already been registered.

Key takeaways

  • A patent can protect inventions in any technological field and the subject matter of a patent can either be a product or a process.
  • Nonetheless, an invention must satisfy three major requirements under the Patents Ordinance (Cap. 514) before it can be granted with a patent.
  • To ensure that there is a high success rate for your patent application, you should first seek advice from a lawyer or patent agent.

Bibliography:

  1. World Intellectual Property Organization, ‘Frequently Asked Questions: Patents’: https://www.wipo.int/patents/en/faq_patents.html