The document outlines basic criteria for patentability including that an invention must be novel, useful, and non-obvious. It notes that ideas, laws of nature, and scientific principles cannot be patented. Finally, it describes characteristics of patents such as having territorial validity only in the granting country, a maximum 20-year term, and providing proprietary rights to stop competitors from using the patented invention.

1. The IP & Legal Unit
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Contact Name
IP & Legal Unit lopati@cgiar.org; mmucheru@cgiar.org ● Box 30709 Nairobi Kenya ●
+254 20 422 3000 ● ilri.org
This document is licensed for use under the Creative Commons Attribution 4.0 International Licence.
October 2016
October 2016
What is Patentable?
Basic criteria for the granting of a patent
• Novelty: not previously known/used
• Utility: capable of industrial use
• Non-obvious: inventive
• Patentable subject matter
Not Patentable
• Idea
• Law of Nature
• Scientific Principle
Characteristics of Patents
• Territorial: Valid only in the jurisdiction of the granting government
• Term: Max. 20 years from filing date
• Proprietary: Legal rights to stop (or license) competitors from (or to)
make, use, sell, import or stock the invention for sale.
• Ownership: Generally, inventor owns but belongs to employer if made
in the normal course of employment