4. Evaluate the prior art of your invention

To be patentable, the invention must be new, involve an inventive step and be capable of industrial application.

An invention is industrially applicable when its subject matter can be made or used in any kind of industry, including agriculture. In this respect, the condition is met even in the absence of effective, profitable or efficient exploitation. In practice, therefore, verification of this criterion is generally straightforward.

This is not necessarily the case for the requirements of novelty and inventive step.

To be considered new, an invention must not be included in the state of the art, i.e. it must be present as it is and in its entirety.

Before applying for a patent, it is therefore advisable to assess the state of the art, i.e. to identify "what has been made available to the...