Obviousness is a critical element to patentability. In essence, even if the applicant can demonstrate patentable subject matter, utility and novelty, the patent will not issue if the invention is trivial.
While the earliest C. megalodon remains were reported from late Oligocene strata, around 28 million years old, a more reliable date for the origin of the species is the early Miocene, about 23 million years ago.
The first scientific name given for it, in the 18th century, was Scrotum humanum, created by Richard Brookes as a caption; however, this is not considered valid today. Megalosaurus was, in 1824, the first genus of non-avian dinosaur to be validly named. The type species is Megalosaurus bucklandii, named in 1827.