When and how is a patent granted?

In the United States a utility patent is granted to the first inventor of a novel process, machine, article of manufacture, composition, or a "new use" of one of these. There is a three-part test which determines if an invention is patentable. The tests are:

1. Is the invention useful? (This is a very easy criterion to satisfy - any use will suffice.)

2. Is the invention novel? (The invention must be different in some way from previous inventions.)

3. Is it "unobvious?" (This test is perhaps the most subjective. It is determined by asking the question "Would a person with ordinary skill in the area of the invention, and possessing complete knowledge of the prior art, consider that the invention provides new and unexpected results?")

Design patents are granted based on similar criteria. However, the invention, rather than being useful, must be ornamental, and cannot change the functionality of the item.

Note that different countries have different laws. The United States operates under a "First to Invent" system, while most other countries use a "First to File" system.