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.
Section 2 of the Act provides that an invention is:
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
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:
Patent holds multifold advantages for the applicant such as: