What is the difference between protecting an idea and protecting an invention?
The Saudi legislator distinguished between an invention and an idea by clarifying the concept of “invention” in Article 1 of the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Models.
An invention is the idea conceived by the inventor that results in solving a specific technical problem. The law then sets out in detail, under Articles 44 and 46, the legal conditions required to obtain a patent. This is the cornerstone: if these legal requirements are not met, the invention remains an abstract idea and cannot be granted protection under the law.
In this article, Al-Salama Law Firm explains the distinction between protecting an idea and protecting an invention, and how inventors (individuals or companies) can meet the legal requirements to obtain a patent and a protection certificate from the Saudi Authority for Intellectual Property (SAIP).
When does your idea become a patentable invention?
First, the law protects your invention, not your idea. An idea is what the inventor conceives, such as a technical concept to solve a specific problem. If the necessary conditions are met, the idea becomes an invention.
Article 43 of the law sets out the requirements for patentability:
- The invention must be novel,
- Must involve an inventive step, and
- Must be industrially applicable.
An invention can be a product, an industrial process, or related to either.
How to ensure the legal requirements for patentability are met in Saudi Arabia?
Article 44 of the law explains in detail the requirements under Article 43 that must be satisfied to obtain a patent:
1. Novelty
Article 44(1) provides:
“An invention is novel if it has not been anticipated by prior art. Prior art shall consist of anything disclosed to the public anywhere in the world by written or oral description, by use, or by any other means, prior to the filing date of the patent application.”
Thus, novelty is an absolute condition—it separates an idea from an invention. To be “new,” the invention must not already form part of the general knowledge available to the public prior to the filing date. If someone, anywhere in the world, has disclosed the same concept, the invention lacks novelty.
Prior art includes:
- Written disclosure: prior patents, scientific articles, books, online publications, product catalogues, published theses.
- Oral disclosure: lectures at public conferences, presentations, media interviews.
- Use: selling a product embodying the invention on the market, or public use allowing others to understand it.
- Any other means of making it publicly known.
The law also clarifies the geographic and temporal scope:
- Geographically, disclosure anywhere in the world counts.
- Temporally, only disclosures before the filing date destroy novelty.
Grace period exception: Disclosure by the inventor (or someone who obtained the invention from them) within 12 months prior to the filing date does not destroy novelty. This protects inventors who publish research or test the market before filing.
Example of novelty:
- Case that meets novelty: Laila invents glasses that translate sign language. No prior publication exists—her invention is novel.
- Case that fails novelty: A Japanese researcher published the same concept two years earlier, even without making a prototype—Laila’s invention is no longer novel.
If novelty is challenged, the dispute can be referred to SAIP and, if not resolved under Saudi law, international patent treaties such as the Patent Cooperation Treaty (PCT) apply, of which Saudi Arabia is a member.
2. Inventive Step
Article 44(2) states:
“An invention shall be considered as involving an inventive step if, having regard to the prior art, it would not have been obvious to a person skilled in the art.”
This requirement ensures that an invention is not merely an obvious development of what already exists. Even if new, it may not be patentable if it is considered a logical or routine improvement.
The test applied: Would a “person skilled in the art”—a hypothetical average professional in the technical field—consider the invention obvious?
Example of inventive step:
- Not inventive: Attaching an eraser to a pen. New, but obvious.
- Inventive: Thermal ink that disappears through frictional heat—an unexpected solution.
3. Industrial Applicability
Article 44(3) provides:
“An invention shall be considered industrially applicable if it can be made or used in any kind of industry, agriculture, handicraft, fishing, or services.”
This is usually the easiest condition to satisfy. The invention must have practical utility and be capable of manufacture or use on a large scale.
Example:
- Meets requirement: A new method for growing tomatoes hydroponically using an innovative nutrient solution.
- Fails requirement: A time-travel machine violating physical laws.
To transform your creative idea into a patentable invention protected by the Saudi Authority for Intellectual Property, you must meet the legal requirements set out in the Patent Law. You must also prepare a formally and substantively sound application that addresses the key questions raised by SAIP.
At Al-Salama Law Firm, we have over 10 years of experience in preparing and securing patent applications approved by SAIP. Our expertise in intellectual property regulations enables us to provide high-quality, comprehensive services tailored to protect your rights and ensure the sustainability of your business.
Contact us today for professional legal assistance in protecting your invention.
