In India, under the Patents Act, 1970, an invention can be patented if it meets certain criteria. Here’s what can be patented:
1. Patentable Subject Matter
A patent can be granted for any new and useful:
Product (e.g., a new type of machine, chemical compound, or device)
Process (e.g., a new method of manufacturing or treatment)
Improvement of an existing product or process
2. Essential Criteria for Patentability
To be eligible for a patent, the invention must:
Be Novel: It should not be known or used anywhere in the world before the date of filing.
Involve an Inventive Step: It must not be obvious to a person skilled in the related field.
Be Capable of Industrial Application: It should be useful and capable of being made or used in some industry.
Not fall under Non-Patentable Categories (see below).
3. Non-Patentable Inventions (Under Section 3 & 4 of the Patents Act)
Certain inventions are explicitly excluded from patent protection, such as:
Frivolous or obvious inventions
Discoveries, scientific theories, or mathematical methods
Aesthetic creations like literary or artistic works
Schemes, rules, or methods of doing business or playing games
Computer programs per se (software alone, without technical application)
Presentation of information
Inventions contrary to public order, morality, or health
Animals, plants, and biological processes (except microbiological processes and products)
Methods of agriculture or horticulture
Medical treatments or surgical methods for humans or animals
Traditional knowledge or mere discovery of a new form of a known substance without enhancement of efficacy
4. Examples of Patentable Inventions
A new pharmaceutical drug with a novel formula
An improved manufacturing technique for steel
A new machine or apparatus with enhanced efficiency
A unique chemical compound with specific industrial use
A biotech invention involving genetically modified microorganisms
Summary
A patent protects new inventions that are useful, inventive, and industrially applicable, but it does not protect abstract ideas, discoveries, or things against public interest.
Dear Client,
Under the terms of the 1970 Patent Act, in India a patent may be granted to that which:.
Novelty the invention must not have been published or used in any way in the world prior to the filing date.
Innovation -- it should present a technical advance or economic value that is not what a skilled person would expect.
Industrial application we have that the invention must fall into a field which is practiced in industry.
Not within the scope of patentable subject matter We do not patent pure concepts, mathematical based methods, business practices, computer programs in and of themselves, plants and animals, natural substance which we discover, and inventions which go against what is accepted as moral or public order.
If these requirements are met the invention may be patented in India.
I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions.
Thank you!
In India, inventions that are novel, involve an inventive step (non-obviousness), and have industrial applicability can be patented, provided they do not fall under the exclusions specified in Sections 3 and 4 of the Indian Patents Act.
Criteria for Patentability
Novelty: The invention must be new and not disclosed anywhere in the world before the date of filing.
Inventive Step (Non-obviousness): The invention should not be obvious to a person skilled in the relevant field.
Industrial Applicability: The invention must be capable of being made or used in an industry.
Examples of Patentable Subject Matter
Products (like machines, devices, apparatus)
Processes or methods (manufacturing methods, technical processes)
Pharmaceuticals (provided they satisfy criteria)
Computer hardware
New chemical compounds
What Cannot Be Patented in India
The following are excluded under Sections 3 and 4 of the Patents Act:
Frivolous inventions or ones contrary to natural laws
Inventions against public order or morality or which harm life/health
Mere discovery of scientific principles or abstract theories
Discovery of new properties or new use for a known substance without enhanced efficacy
Admixtures resulting in aggregation of properties
Arrangement or duplication of known devices without functional interaction
Methods of agriculture, horticulture, or treatment of humans/animals
Mathematical/business methods or computer programs per se
Presentation of information
Topographies of integrated circuits
Inventions relating to atomic energy
Summary Table
Can be PatentedCannot be PatentedNovel machines, devices, or products Laws of nature, abstract ideas Innovative industrial processes Discoveries, abstract theories Pharmaceuticals with new efficacy Methods of treatment of humans Computer hardware Business methods or algorithms New chemical compounds Agriculture/horticulture methods
Any invention that meets the core criteria and does not fall into the exclusions listed can be patented in India.
In India, inventions that are novel, involve an inventive step (non-obviousness), and have industrial applicability can be patented, provided they do not fall under the exclusions specified in Sections 3 and 4 of the Indian Patents Act.
Criteria for Patentability
Novelty: The invention must be new and not disclosed anywhere in the world before the date of filing.
Inventive Step (Non-obviousness): The invention should not be obvious to a person skilled in the relevant field.
Industrial Applicability: The invention must be capable of being made or used in an industry.
Examples of Patentable Subject Matter
Products (like machines, devices, apparatus)
Processes or methods (manufacturing methods, technical processes)
Pharmaceuticals (provided they satisfy criteria)
Computer hardware
New chemical compounds
What Cannot Be Patented in India
The following are excluded under Sections 3 and 4 of the Patents Act:
Frivolous inventions or ones contrary to natural laws
Inventions against public order or morality or which harm life/health
Mere discovery of scientific principles or abstract theories
Discovery of new properties or new use for a known substance without enhanced efficacy
Admixtures resulting in aggregation of properties
Arrangement or duplication of known devices without functional interaction
Methods of agriculture, horticulture, or treatment of humans/animals
Mathematical/business methods or computer programs per se
Presentation of information
Topographies of integrated circuits
Inventions relating to atomic energy
Summary Table
Can be PatentedCannot be PatentedNovel machines, devices, or products Laws of nature, abstract ideas Innovative industrial processes Discoveries, abstract theories Pharmaceuticals with new efficacy Methods of treatment of humans Computer hardware Business methods or algorithms New chemical compounds Agriculture/horticulture methods
Any invention that meets the core criteria and does not fall into the exclusions listed can be patented in India.
In India, inventions that are novel, involve an inventive step (non-obviousness), and have industrial applicability can be patented, provided they do not fall under the exclusions specified in Sections 3 and 4 of the Indian Patents Act.
Criteria for Patentability
Novelty: The invention must be new and not disclosed anywhere in the world before the date of filing.
Inventive Step (Non-obviousness): The invention should not be obvious to a person skilled in the relevant field.
Industrial Applicability: The invention must be capable of being made or used in an industry.
Examples of Patentable Subject Matter
Products (like machines, devices, apparatus)
Processes or methods (manufacturing methods, technical processes)
Pharmaceuticals (provided they satisfy criteria)
Computer hardware
New chemical compounds
What Cannot Be Patented in India
The following are excluded under Sections 3 and 4 of the Patents Act:
Frivolous inventions or ones contrary to natural laws
Inventions against public order or morality or which harm life/health
Mere discovery of scientific principles or abstract theories
Discovery of new properties or new use for a known substance without enhanced efficacy
Admixtures resulting in aggregation of properties
Arrangement or duplication of known devices without functional interaction
Methods of agriculture, horticulture, or treatment of humans/animals
Mathematical/business methods or computer programs per se
Presentation of information
Topographies of integrated circuits
Inventions relating to atomic energy
Summary Table
Can be PatentedCannot be PatentedNovel machines, devices, or products Laws of nature, abstract ideas Innovative industrial processes Discoveries, abstract theories Pharmaceuticals with new efficacy Methods of treatment of humans Computer hardware Business methods or algorithms New chemical compounds Agriculture/horticulture methods
Any invention that meets the core criteria and does not fall into the exclusions listed can be patented in India.
