A patentable invention is an invention which is new, inventive and belongs to the fields of economic endeavour, as opposed to the fine arts.

A patentable invention can be an article, machine, organism, substance, or a method or process. Not all ideas give rise to patentable inventions.  A patentable invention must have some practical use and not be merely a scheme or plan, or a discovery of a property or phenomenon already existing in nature. 

There are also some other exclusions from patentability; the issue as to whether an invention belongs to the fields of economic endeavour, as opposed to the fine arts is a question as to whether an invention is, in legal-speak, a "manner of manufacture".

For the purposes of a standard patent or an innovation patent in Australia, for an invention to be deemed 'new'  it must not have been previously published in document anywhere in the world, and it must not be otherwise known in Australia.  Other countries have different requirements.

To be inventive, your invention must involve something beyond the everyday skill of an ordinary person. In the case of a standard patent there must be an inventive step, which requires that the invention must not be obvious to a person skilled in the technological field of the invention. In the case of an innovation patent, the level of invention is lower, in that there must be an innovative step, which requires that what is new must contribute something to the way the thing works (as opposed to being merely different for no reason).

There are often instances where questions arise as to whether there's sufficient newness or inventiveness in an invention, indeed whether an invention qualifies as a manner of manufacture. We, as patent attorneys, are often required to provide advice in such grey areas.

Types of Patents

• Standard Patent - provides protection for 20 years from the filing date, provided annual renewal fees are paid. The examination of an application for a standard patent is generally quite extensive. To be patentable as a Standard Patent an invention must be novel and have an “inventive step”.
• Innovation Patent - provides protection for 8 years from the filing date and is not extendable.  The examination is usually not as stringent as that of a standard patent application. To be patentable as an Innovative Patent an invention must be novel and have an “innovative step”.