Definition
Patentability refers to whether an invention satisfies the core requirements for a patent: it must be patent-eligible subject matter, novel, non-obvious, and useful.
Why It Matters Legally
Assessing patentability before filing saves money and sets expectations. An invention that fails any requirement will not yield an enforceable patent, so an early opinion guides whether and how to proceed.
Example Use Case
Before filing, an attorney reviews an invention against the four patentability requirements and advises the client that the idea is likely novel but may face an obviousness challenge.
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Related Terms
Novelty, Non-Obviousness, Patent Eligibility, Utility, Patent Search