What types of innovation can be patented?

Patents protect technology. Products (such as a tin-opener, a crane, a fuel injection system, a chemical compound or composition or an electronic circuit), processes (such as a method of preventing rust or a process for preparing a chemical compound), and uses (such as the novel use of an existing product) can all be protected.

In principle, any innovation that has some kind of technical character might be patentable (subject to meeting novelty and inventive step requirements – more on that below). In many fields of technology this is easy to assess. A physical product or a manufacturing process, for example, will be potentially protectable.

Regardless of the field of technology, for a patent to be granted, the invention must be novel and must demonstrate an inventive step at the time the patent application is filed. Understanding these requirements can be helpful in assessing your innovation and determining a suitable strategy.

1. Novelty

Put simply, novelty means that there must be something new over what is already known.

A common misunderstanding is that as long as no one else has patented the technology before, patent protection can still be obtained. This is not the case. If the invention is already known, it is not novel. This means that any disclosure of the invention - by anyone, by any means, anywhere in the world - could destroy the novelty of the invention, making it impossible to obtain a valid patent.

Disclosure might include publication in patent applications, journal articles and online blogs/videos, or even showing or talking about the invention in public places.

It is essential that the invention is kept secret until a patent application is filed.

2. Inventive Step

To demonstrate an inventive step, an invention must not be an obvious modification of what is already known, to someone who is skilled in that particular field of technology. It must be more than a routine development.

We often find that inventors are their own biggest critics. An inventor often considers their approach to be an obvious one. However, an invention does not need to be complex or revolutionary to be patentable. Anything which improves on what is known might demonstrate an inventive step, such as a faster reaction, better yield, improved efficiency/effectiveness.

Many factors may be considered in assessing ‘obviousness’, particularly what advantages the development provides or what problems it overcomes. The following questions provide a useful framework:

1.     What existing technology (either your own or competitors’ technology) is closest to your invention?
2.     What are the problems associated with existing arrangements? Why is there a need for improvement?
3.     How does your invention solve these problems or what advantages does it provide over what is known?
4.     Would your development be an obvious or routine way of solving the problems or obtaining the advantages?

3. Software Patents

It is a common misconception that software-based inventions cannot be patented. In fact, many hundreds of thousands of patents are granted each year in US, Europe and in other countries covering software based inventions.

Software-related inventions can largely be broken into two categories:

(i) Inventions that are the software
Assuming they meet novelty and inventive step, these are generally patentable.

(ii) Inventions that use software
Here, the software component can typically be ignored. In most countries, there are certain areas of subject matter that cannot be patented due to policy/law– business methods for example.

Where it gets tricky is when the software component is influenced by other aspects of the invention. If a business method is only possible due to specific software implementation, is it patentable? The answer you will get varies from country to country. Importantly, the answer also will vary depending on how the patent application is written. A patent application on cookie management is more likely to be granted than one on serving Internet advertisements, even if they describe the same invention.

It is also important to realise that law and practice varies between countries. In the USA, for example, computer programs, business methods and methods of treatment are not excluded from protection.

Even if I have something, should I file a patent application and, if so, where?

Our view is that a patent attorney isn’t just a lawyer, they are also there to help with commercial questions like this. We will try to answer this and more in our Seminar at sTARTUP Day 2026!

The best way to understand whether your innovation has the potential for patent protection is to discuss the idea with a patent attorney. However, understanding these basics can help you spot when you might have an invention, know when to start the conversation, and set yourself and your business up for success.

If you have an idea and would like to understand whether it might be protectable, we’d love to speak with you, so come and find us during sTARTUp Day 2026!

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Williams Powell will be hosting several sessions during sTARTUp Day 2026. On Thursday 29 January, 15:00 in Seminar Room 2, Peter Marchand and Jonathan Exell will lead a practical seminar on identifying patentable inventions, providing some more detail on spotting inventions and guidance on when or if to consider filing a patent application.

On Friday 30 January at 15:00, Williams Powell will host an IP forum, where we will hear directly from Estonian startups about their experiences with IP (especially patents), offering thoughts on developing IP strategy, particular challenges and tips for getting started on your IP journey.