In India, as in most other countries, patents are granted to protect inventions, ensuring that the inventor has exclusive rights over their creation for a specified period of time. Patents can be categorized based on the nature of the invention and the type of protection provided. Here's a breakdown of the main types of patents: 1. Utility Patents (Invention Patents) This is the most common type of patent. A utility patent is granted for inventions that offer a new process, machine, manufacture, or composition of matter, or an improvement thereof. Essentially, these patents protect the functional aspects of an invention. Eligibility Criteria for Utility Patents: Novelty: The invention must be new and not have been disclosed publicly. Inventive Step: It must involve an inventive step, i.e., it should not be obvious to someone skilled in the field. Industrial Applicability: It must be capable of being used in some kind of industry. Examples: A new type of engine or machine. A pharmaceutical composition. A new chemical process or manufacturing method. 2. Design Patents (Design Registration) Design patents protect the aesthetic appearance of a product, rather than its functional features. This includes the shape, pattern, color, configuration, or ornamentation applied to an article that is new and original. The functional aspects of the product are not protected under a design patent, only the appearance. Eligibility Criteria for Design Patents: The design must be novel and should not have been previously disclosed to the public. The design should be visually appealing and can be applied to articles of manufacture. Examples: The unique shape of a mobile phone. The design of a furniture piece. A logo or ornamentation on a product. 3. Plant Patents (for New Plant Varieties) Plant patents are granted to inventors or discoverers of new, distinct, and asexually reproduced varieties of plants. The protection is given to the cultivation process of these plants, which can be either genetically modified or naturally occurring. Eligibility Criteria for Plant Patents: The plant must be distinct (not previously known). It must be asexually reproduced (for example, by grafting, cutting, or cloning). Examples: A newly bred species of fruit tree. A new flower variety that is reproduced by cutting or grafting. 4. Process Patents A process patent is granted for a new method or process of making something or achieving a particular result. This type of patent does not necessarily protect the end product, but rather the method or steps involved in creating it. Eligibility Criteria for Process Patents: The process must be novel and non-obvious. It should have industrial applicability and offer a practical solution to a problem. Examples: A new process of manufacturing a drug. A unique way of producing a type of polymer or plastic. 5. Biotechnology Patents Biotechnology patents generally fall under utility patents but are treated separately due to the specific challenges and unique nature of biotechnology inventions. This includes patents on biological processes, genetic materials, and genetically modified organisms (GMOs). These patents often involve complex biochemical methods or genetic engineering. Eligibility Criteria: The invention must involve biological material and be novel. It should have industrial applicability in the field of biotechnology. Examples: A genetically engineered plant resistant to disease. A new genetically modified bacterium used in industrial processes. 6. Software Patents (Computer-Implemented Inventions) Software patents can be granted for inventions related to computer programs or software that demonstrate a novel method of performing tasks. However, the invention must not be abstract, and it must demonstrate technical advancement. The software's implementation must produce a technical effect, such as solving a technical problem. Eligibility Criteria for Software Patents: The software must contribute something innovative and technical to the field, going beyond just an abstract idea. The invention must offer a new and useful solution to a problem. Examples: A new algorithm or data-processing method. Software that provides a technical solution to improve a computing system. 7. Chemicals and Pharmaceutical Patents This category includes patents granted for chemical compounds, pharmaceutical compositions, or medicinal methods. Pharmaceutical patents are highly specific and protect the chemical formula, drug composition, or the method of treatment. Eligibility Criteria: The chemical or pharmaceutical product must be novel, non-obvious, and useful. It must have industrial applicability in manufacturing or medical practice. Examples: A new drug or vaccine. A new method of synthesizing a chemical compound. Key Points about Patents in India: Duration: The general patent term in India is 20 years from the filing date for utility patents, and 10 years for design patents. Patentability: Not all inventions are patentable. The invention must meet basic criteria such as novelty, inventive step, and industrial applicability. Exclusions: Certain things cannot be patented under the Indian Patents Act, such as abstract ideas, mathematical formulas, or mere discoveries. Conclusion: In summary, patents are classified into different types based on the nature of the invention, such as utility patents, design patents, process patents, and biotechnology patents. Each type of patent provides legal protection to different aspects of an invention—whether it's a new product, process, design, or technology. The patent process in India ensures that inventors have exclusive rights to their innovations for a specific period of time, thus encouraging innovation and research.

Dear Client, Patent is a legal right given to inventors for their inventions which in turn gives them exclusive rights to use, make, sell, or license the invention for a set period of time. In general patents fall into the following categories:. Utility Patents (Invention Patents): Patent Inventions:. Granted for novel and useful processes, machines, manufactured products, or compositions of matter. Example: A new type of medication or device. Design Patents: Patent Design:. Protects look of a product but not its function. Example: The design of a phone or that of a bottle. Patent Issues (in the U.S. and other similar jurisdictions). Granted for novel and distinct plant varieties produced asexually. Example: A new hybrid plant variety. In India (as per the Patents Act, 1970):. India primarily recognizes utility patents (inventions). Separate protection for designs is given by the Designs Act of 2000 which does not include patents. Plant variety protection is afforded by the Protection of Plant Varieties and Farmers’ Rights Act of 2001. In summary: Globally patents fall into 3 types utility, design, and plant patents. In India what is patented is inventions which in other areas is also protected by separate laws for designs and plant varieties. I hope this answer helps you. If you still have any concerns that you can freely contact the firm. Thank you!