Meaning & use

patentability

noun·Advancedlegal

Last updated

UK/ˌpætəntəˈbɪləti/
US/ˌpætəntəˈbɪləti/

Meaning

  1. noununcountablelegal

    The quality of an invention that makes it legally possible to get a patent for it.

    Grammar: Uncountable; used with 'the' or without an article: 'The patentability of the drug was questioned.'

    Patterns

    • the patentability of something
    • question/challenge patentability
    • patentability criteria

    The lawyer examined the patentability of the new software algorithm.

    Patentability depends on whether the idea is new and not obvious.

    They lost the case because the court found no patentability in the design.

Common combinations

patentability criteria
The patentability criteria include novelty and non-obviousness.
patentability opinion
We need a patentability opinion before filing the application.
question the patentability
The competitor may question the patentability of our invention.
patentability search
A patentability search can save you time and money.

Synonyms and how they differ

patent eligibility
A broader term about whether an invention falls into a category that can be patented, while patentability also includes specific legal tests like novelty.

Word family

patent noun
An official right giving an inventor exclusive control over an invention.
patentable adjective
Describing an invention that meets the legal requirements for a patent.
patent verb
To obtain a patent for an invention.

Commonly confused: patentability or patency?

patentability vs patency

Patency means the state of being open or unobstructed, often used for blood vessels or passages. It is completely different from patentability, which is about legal rights for inventions.

Practice

The company's lawyers are reviewing the ______ of the new drug before they apply for a patent.

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