What is patentability?

Patentability is the legal term used to describe whether an invention or an idea is eligible to be patented in a particular jurisdiction. Generally, when an invention meets certain requirements and is considered novel and nonobvious by an examiner, then the invention is patentable. More specifically, in North Carolina, the State Patent Laws stipulate that an invention is patentable if it is a new and useful process, machine, composition of matter, or improvement thereof. In order to be eligible to be patented in North Carolina, the invention must also be a practical solution to a problem, novel or an improvement over existing products or processes, and not obvious or commonly known by others in the field. In sum, patentability refers to the process of determining if an invention can be protected by a patent and if so, what type of patent protection is available. To be eligible for a patent, an invention must possess novelty, practical utility, and nonobviousness. In North Carolina, the State Patent Laws provide guidelines for patentability based on a particular invention’s characteristics. Ultimately, patentability is an important legal concept that protects inventors by giving them exclusive rights to their inventions.

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