In order to be eligible for the grant of a valid patent the invention must be new, involve an inventive step and be capable of industrial application.
- Novelty: An invention is considered new if it does not form part of the state of the art. The state of the art comprises everything made available to the public in any way, anywhere in the world, before the date of filing of the patent application.
- Inventive step: An invention is considered as involving an inventive step if it is not obvious to a person skilled in that area of technology, having regard to the state of the art.
- Industrial applicability: The invention must be capable of being made or used in some kind of industry, including agriculture.