Which of the following is NOT a requirement for obtaining a patent?

Which of the following is NOT a requirement for obtaining a patent?

• A. The invention must be public domain.
• B. The invention must be useful.
• C. The invention must be novel.
• D. The invention must not be obvious.

Answer: (A)

The statement that the invention must be public domain is correct in identifying a requirement that is NOT necessary for obtaining a patent. In fact, for an invention to be patentable, it cannot be part of the public domain. Patents are intended to protect inventions by granting exclusive rights to the inventor for a specific period, typically 20 years from the application date. The other requirements for obtaining a patent include the invention being useful, novel, and non-obvious—criteria that ensure only worthy inventions receive protection. An invention must serve a practical purpose (useful), be new and not previously disclosed (novel), and represent a significant advancement over existing knowledge in the field (non-obvious). Therefore, the requirement regarding the public domain accurately highlights a clear distinction in patent law related to what cannot be patented.

The statement that the invention must be public domain is correct in identifying a requirement that is NOT necessary for obtaining a patent. In fact, for an invention to be patentable, it cannot be part of the public domain. Patents are intended to protect inventions by granting exclusive rights to the inventor for a specific period, typically 20 years from the application date.

The other requirements for obtaining a patent include the invention being useful, novel, and non-obvious—criteria that ensure only worthy inventions receive protection. An invention must serve a practical purpose (useful), be new and not previously disclosed (novel), and represent a significant advancement over existing knowledge in the field (non-obvious). Therefore, the requirement regarding the public domain accurately highlights a clear distinction in patent law related to what cannot be patented.