Standards of patentable inventions

The standards of patentability are: [1] novelty; [2] inventive step; and [3] industrial applicability.

Novelty. An invention shall not be considered new if it forms part of a prior art. (Section 23 of Republic Act No. [RA] 8293)

Inventive step. An invention involves an inventive step if, having regard to prior art, it is not obvious to a person skilled in the art at the time of the filing date or priority date of the application claiming the invention. (Section 26.1 of RA 8293, as amended by RA 9502)

Industrial applicability. An invention that can be produced and used in any industry shall be industrially applicable. (Section 27 of RA 8293)

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