What can be patented? An invention must meet several requirements to be eligible for patent protection. These include, in particular, that the claimed invention:
The best way of understanding these requirements is to study what has been patented by others in the technical field of your interest. For this, you may consult patent databases (more on patent databases on pages 16 and 17).
Consists of patentable subject matter (page 11); Is new (novelty requirement) (page 12); Involves an inventive step (nonobviousness requirement) (page 12); Is capable of industrial application (utility requirement) (page 13); and Is disclosed in a clear and complete manner in the patent application (disclosure requirement) (page 13).
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International application No. PCT/IT2003/000428. Utensil for preparing food or beverages in general by means of heated liquids.
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Utility models Some of the characteristics of utility models are: The conditions for granting utility models are less stringent, as the “inventive step� requirement may be lower or absent altogether; Procedures for granting utility models are generally faster and simpler than for patents; Acquisition and maintenance fees are generally lower than those applicable to patents;
The maximum possible duration of utility models is usually shorter than it is for patents; Utility models may, in some countries, be limited to certain fields of technology and may only be available for products (not for processes); and Usually, a utility model application or a granted utility model may be converted into a regular patent application.