How to know if your idea is patentable
You've had an insight and you're wondering: "can it be patented?". It's the right question to ask before investing: filing and maintaining a patent in Europe generally costs in the order of thousands of euros, and not every idea can be protected. Let's look at the conditions your invention must meet and how to make a first assessment.
⚠️ Informational guide, not legal advice. For the final assessment and filing, always consult a qualified patent attorney.
Idea ≠ invention
Ideas as such cannot be patented: what is patented is a concrete technical solution to a technical problem. "An app that helps you sleep" is an idea; "a device that regulates pillow temperature via circuit X following method Y" is a potential invention. The more you describe it in technical and functional terms, the better you can assess its patentability.
The 3 core requirements (European Patent Convention)
1. Novelty (Art. 54 EPC) — It must not already be known, anywhere in the world, before the filing date (or priority date). "Known" means published, presented, sold or described — even by yourself.
⚠️ In Europe there is no general grace period (unlike the USA): if you disclose the invention before filing — trade fair, social media, website, crowdfunding — you risk irreversibly destroying its novelty. Rule of thumb: file first, show later.
2. Inventive step (Art. 56 EPC) — Being new is not enough: the invention must not be obvious to a person skilled in the art. It's the most selective requirement.
3. Industrial applicability (Art. 57 EPC) — It must be capable of being made or used in an industry. For concrete objects and processes this is usually easy to satisfy.
What is NOT patentable (Art. 52 EPC)
The following are excluded "as such":
- discoveries, scientific theories and mathematical methods;
- purely aesthetic creations (protected by design rights);
- schemes, rules and methods for mental acts, games or business activities;
- computer programs "as such" (patentable only with a further technical effect);
- mere presentations of information.
There are also exceptions under Art. 53 EPC: inventions contrary to public order or morality, plant and animal varieties, and methods of medical/surgical treatment or diagnosis on the human or animal body are not patentable (a medical device or a drug, however, remains patentable).
If your idea falls here it's not necessarily over: often there is a protectable technical aspect, or an alternative form of protection (design, trademark, copyright).
How to do a first check yourself
- Describe the invention at a technical level: problem solved, how it works, components, what makes it different.
- Run a prior-art search with free tools: Espacenet (European Patent Office) and Google Patents. Use technical keywords in English.
- Compare: is there something identical (no novelty) or very similar (inventive-step risk)?
It's valuable work but long and tricky for non-experts: technical-legal language and a complex classification system (IPC).
The most common mistakes
- Disclosing before filing (you lose novelty).
- Looking only at the market: an invention may not be on sale but already described in an old patent.
- A description that is too vague.
- Skipping the prior-art search.
When to consult an attorney
When the preliminary screening is encouraging, the next step is a patent attorney. Arriving with a well-structured, pre-checked invention saves time and fees.
How Kanryx helps, before all this
Kanryx runs an AI-assisted pre-patent analysis: it compares your invention against millions of patent documents in the European database (EPO) and returns a reasoned patentability score, similar patents and next steps, in minutes. It is a preliminary, non-exhaustive analysis: it helps you understand whether it's worth digging deeper — it does not replace an attorney's search or the filing. Uploaded files are never stored; title, description and report stay available only to you for up to 24 hours, then are deleted (or sooner, if you delete them). European infrastructure, AI provider under Zero Data Retention.
Frequently asked questions
Can I patent an idea? No, not an idea as such: you need a concrete technical solution, described in detail.
If I show the invention before filing, do I lose the patent? In Europe, in most cases yes: file before showing it.
Does Kanryx replace an attorney? No: it provides a preliminary orientation analysis, not legal advice.