Which of the following are the basic requirements for patentability of an invention?

• A. Industrial applicability and aesthetic appeal.
• B. Novelty, non-obviousness, and utility; the invention must be new, non-obvious to a person skilled in the art, and useful, with enabling disclosure.
• C. Commercial viability, marketability, and publication.
• D. Copyrightable subject matter and public domain status.

Answer: (B)

Patentability rests on novelty, non-obviousness, and utility, plus an enabling disclosure. The invention must be new relative to what’s already known (not anticipated by prior art), it must involve an inventive step—meaning it isn’t obvious to a person skilled in the field—and it must have some practical use. In addition, the patent application must describe the invention in enough detail that someone skilled in the art could reproduce it without undue experimentation.

The other options stray because they include factors that aren’t required for patentability: aesthetic appeal isn’t helpful or required for patents; commercial viability or marketability aren’t legal requirements for patenting; publication status and copyright-related concepts don’t determine patent eligibility.