What does patentable mean?
Patentable is an adjective describing something that can qualify for protection under patent law. It is commonly applied to inventions, processes, methods, machines, materials, and other forms of subject matter, as in “patentable invention” or “potentially patentable technology.” The word describes eligibility, not the existence of a granted patent: a company may consider an idea patentable before applying, while the application may later be rejected. In legal and business contexts, patentable can also suggest that a subject matter has commercial value because it may be protected from copying. It is distinct from “patented,” which means that a patent has actually been issued, and from “proprietary,” which refers broadly to privately controlled rights or information.
adjectiveCapable of being protected by a patent, or eligible to qualify for patent protection. It is also used of an invention or subject matter for which a patent may be obtained.
- Eligible to be protected by a patent or capable of being patented.
"The researchers determined that the new material was patentable and began preparing an application."
"The team believes the software is patentable, although the legal position has not yet been tested."
"Only patentable subject matter can be examined in a patent application."
Calling something patentable says it may be worth protecting, but it does not mean a patent has been granted.
Reviewed by Deb Chak, Editor. AI-assisted content curated by RJS Tech Solutions LLP.
Where does patentable come from?
The word is formed from the English noun “patent,” which comes through Old French from Latin “patere,” meaning “to lie open.” The legal sense developed from the idea of an invention or right being open to public inspection and protected by an official grant. The suffix “-able” was added in the 19th century to form the adjective “patentable,” with the related noun “patentability.”
Related word forms
How patentable is actually used
This is primarily legal and technical vocabulary. It is often used with “invention,” “process,” “device,” “method,” or “subject matter,” and it does not by itself establish that a patent exists or will be granted.
Easily confused with patentable
“Patent” names a legal right or the document granting it, whereas “patentable” describes an invention or subject matter that qualifies for that protection.