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.
With its huge bulbous head and 50 rows of teeth, the bizarre-looking shark was first discovered in 1976. The latest specimen was average in size, with most growing between about 13 and 18ft. Nonus Enolvus, who is involved in the preservation of the animal, said the male megamouth shark is now being stored on ice for further examination and final preservation. The Philippine government is currently working to prepare a specialised aquarium where it can be preserved.