What can be Patented in India?

Patents are granted as per the Patents Act, 1970 along with the Patents Rules, 2003. The Controller of Patents (the principal officer) governs the Patent system in our country. The Act has provided all the specifications as to what can be patented in the country.

One of the initiatives taken by the government is the Scheme for Facilitating Startups Intellect Primarily, an invention can get the exclusive right as a “Patent” if it qualifies the conditions as provided by the Act and Rules. This article defines such conditions to be fulfilled by an invention in order to obtain the Patent certificate.

What is an invention as per the Patents Act, 1970?

Section 2 of the Act provides that an invention is:

  • New product/process,
  • Involving an inventive step,
  • Capable of industrial applications.

What conditions are there to be used by an invention to obtain the Patent Certificate?

An invention becomes patentable subject to the following criteria:

It must have originality and newness

The invention can be said to be original or new where

  • Such invention/technology was not anticipated earlier by any document 
  • It is not used in any part of the world before the date of filing of a patent application by the applicant (with complete specifications). 

In other words, it must not form part of the state of the art or the idea of the invention is not mentioned in any public domain.

It must be non-obvious and must include an inventive step 

An inventive step is said to exist when the invention presents that there has been advancement in the existing knowledge or the characteristic of an invention is of economic importance or both.

Capable of Industrial application

The invention can be made or used in industry.

It is not covered under sections 3 and 4 of the Patents Act 1970.

Section 3 and 4 (Chapter 2) cover the inventions that are not patentable in the country. Therefore, an inventor must check whether his invention is falling under sections 3 and 4 of the Act or not before filing the application.

The list of inventions, not patentable includes:

  • Inventions related to atomic energy are covered under the Atomic Energy Act.
  • Arrangement/duplication of familiar devices.
  • Replication of traditional knowledge.
  • The process involves the treatment of human beings/ animals.
  • A work of art/ literary/drama/musical
  • Biological procedure for production/propagation of plants, animals
  • The procedure of performing a mental act
  • Laying designs of integrated circuits
  • That can bring loss to human/ animal/ plant life or the environment as a whole
  • Scientific principle or theory denoting discovery of any living/non-living thing in nature, etc.

What can be the Advantages of getting a Patent?

Patent holds multifold advantages for the applicant such as:

  • It provides an exclusive right to the applicant.
  • It prevents the invention from being stolen or used by someone else without the permission of the patent holder.
  • Helps to commercialize the invention. 
  • Easy branding and access to the market.
  • Also, can help to achieve high monetary value.ual Property Protection (SIPP), which was introduced in 2016 with the aim of facilitating the protection of Intellectual Property by the Startups. Under the scheme, the facilitators are empanelled by CGPDTM (“Controller General of Patents, Designs and Trade Marks”), to assist the Startups in IPR related services.

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