Biswajit Sarkar Blog Patent What Can Be Patented in India

What Can Be Patented in India

What Can Be Patented In India

In India, there is a definitive list of things that cannot be patented as mentioned under Section 3 and 4 of the Indian Patents Act of 1970 but there seems to be no definite answer or adhered definition for knowing what can be patented within the country and it is there that this thin line of difference has to be made out on a case to case basis. Furthermore, there are certain aspects that have to be ascertained to ensure that whatever product or process invented can be patented under the Patents Act of 1970 in India. Therefore, these are the criteria which ensure that inventions can be made sure to be patented under the above-mentioned law. This is how one demarcates the boundaries for what all can be lawfully patented in the country.

The most important step for check boxing the things that can be patented is at foremost the very definition of the term ‘Invention’ as defined under Section 2 (f) of the Indian Patent Act of 1970. This definition states that there would have to be a new product or process which involves a sort of invention and is also capable of having an industrial application. Only such inventions can be protected under the patent law. The broad criteria’s for what can be patented is herein underdetermined by ensuring the following aspects:

The most important aspect that has to be check is that of being of the Patentable Subject Matter. This is considered to be the foremost important point of consideration as well as on Sections 3 and 4 of the Act, which list out the non – patentable subject matters. If it does not fall within that list then it can be said to be patented after relying upon the other factors involved.

Second in importance for the criteria of things that can be patented would be Novelty, which is defined under Section 2(l) of the Act and states that any creation or innovation which has not been foreseen by distribution in any archive or utilized in the nation or somewhere else on the planet before the date of documenting of a patent application with complete determination, i.e., the topic has not fallen in an open or common area or that it doesn’t frame part of the cutting edge. Therefore this is considered to be the most basic requirement since the patent must be new with no sort of prior work on the same.

The aspect of the Inventive step or that of Non-Obviousness is a concept which is defined under Section 2(ja) of the Act and as a component of an innovation that includes specialized development when contrasted with the current information or having financial importance or both and that makes the creation not clear to an individual gifted in the craftsmanship. Therefore this can only mean that the invention must not be obvious to a person skilled in the same field as the invention relates to and be inventive in nature.

Furthermore, the Patent should also be capable of Industrial Application as mentioned under Section 2(ac) of the Act states that the invention has to be capable of being made or be of certain use within an industry or on its own, which essentially means that the invention cannot exist in abstract and must most definitely have practical utility in order to be patentable.

The above-mentioned steps or concepts are considered to only be the statutory measures involved in the process of deciding what can be patented. However, there is another important aspect that lies with the disclosure of the enabling of the patent, which means that the patent draft specification must truly disclose all information of the product so as to be granted with the patent on the same.

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