concept and central to patent law systems worldwide. As is often the case for legal concepts, its legal meaning is slightly different from common usage of the word. Additionally, the legal concept of invention is quite different in American and European patent law.

In Europe, the first test a patent application must pass is, "Is this an invention?" If it is, subsequent questions are whether it is new and sufficiently inventive. The implication--counter-intuitively--is that a legal invention is not inherently novel. Whether a patent application