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What is patentability criteria?

What is patentability criteria?

19-Nov-2025

Patent

Answer By law4u team

In India, for an invention to be patentable, it must satisfy certain criteria under the Patents Act, 1970. These criteria ensure that only inventions that are new, useful, and inventive can be granted patent protection. Here’s a detailed explanation: 1. Novelty (Newness) The invention must be new and not published or disclosed anywhere in the world before the date of filing the patent application. If the invention is already known or has been used by others, it is not considered novel. Novelty ensures that the patent system rewards original ideas rather than reproductions of existing knowledge. 2. Inventive Step (Non-Obviousness) The invention should involve an inventive step, meaning it is not obvious to a person skilled in the relevant field. Even if an idea is new, it may be rejected if it is an obvious combination of existing knowledge. This ensures that patents are granted only for truly innovative solutions and not for trivial modifications. 3. Industrial Applicability (Utility) The invention must be capable of being made or used in some kind of industry. It should have practical utility, meaning it can be applied to solve a problem or improve a process. Purely theoretical discoveries or ideas without practical application cannot be patented. 4. Patentable Subject Matter In India, not all inventions are patentable. Some categories are specifically excluded under the Patents Act, such as: Frivolous or contrary-to-law inventions Inventions contrary to public order, morality, or health Mere discovery of scientific principles, formulas, or substances occurring in nature Methods of agriculture, horticulture, or medical treatment of humans or animals Traditional knowledge and naturally occurring substances (unless significantly modified) This ensures that patents are granted only for genuine technical innovations, not for ideas that are already in the public domain. 5. Summary of Patentability Criteria For an invention to be patentable in India: 1. It must be novel – not disclosed anywhere before filing. 2. It must involve an inventive step – not obvious to experts. 3. It must have industrial applicability – capable of practical use. 4. It must fall within patentable subject matter and not be excluded under the law. Meeting these criteria allows inventors to secure exclusive rights to their inventions, preventing others from making, using, or selling the patented product or process without permission.

Answer By Anik

Dear Client, Patents are an intellectual property right and in India, they are governed under the Patents Act, 1970. For an individual to acquire a patent for an invention, it must satisfy the requirements laid down under the Act because one cannot obtain a patent for every idea or product. It has to fulfil certain specific legal standards. Here are the three essential patentability criteria as per the Patents Act, 1970 – 1. Novelty – The invention must be new and not known to exist anywhere in the world anywhere. Which means that it must not have been disclosed or published in a document, used publicly, sold, or disclosed before the filing date. Even if the same individual who is filing for patent now has previously disclosed the same invention, it can harm the criteria of novelty. 2. Inventive Step – The invention must include an inventive step, meaning that it should not be obvious to an expert in that field. It must also demonstrate a technical advancement over already existing products or over knowledge in that field, or must be of some economic significance. 3. Industrial Applicability – The invention must be capable of being made or used in an industry. It must have a practical purpose and must work as described. Some other additional requirements may also be required, for example – 1. It cannot consist of subject matter that is considered non-patentable under sections 3 and 4 of the Patents Act, 1970. This includes – mathematical methods, business methods, natural substances, traditional knowledge, etc. 2. Complete specifications must sufficiently and clearly describe the invention. I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

Answer By Ayantika Mondal

Dear Client, The legal requirements that an invention must acquire in order to be given a patent are known as the patentability criteria. The particular laws depending on the country are slightly different, but the basic criteria are common to all countries, and are set around three main principles: Novelty, Innovative Test (Non-Obviousness), and Industrial Use (Usefulness). Novelty (Newness) An invention should be completely new and not be included in the previous art. Definition The invention shall not have been published (sent anywhere in the world) in any form, whether in writing or otherwise, prior to the filing-date of the patent application. Prior Art: This contains all that is publicly available before you file and this includes: • The available patents and patent applications. • Scientific articles, books, and papers. • Advertisements or sales of the product. When the same invention is discovered in one prior art document, then the invention is not novel. Inventive Step (Non-Obviousness) The invention should not be obvious to a person of the art. The invention should entail a technical improvement to the current knowledge or must be economically significant in a substantial way that would be unrecognized by a professional in that particular area. The Test: On the one hand, would an individual of ordinary skill and knowledge in the field of technology in question, after looking at all the prior art, just naturally and easily come up with your invention? When the answer is Yes, then the invention is obvious and does not have an inventive step. Industrial Application (Utility) The invention should have some practical application and it must reproducible. Requirement: The invention should be in a position to be produced or utilized in any type of industry. It needs to address a technical issue and possess a realistic and concrete and significant objective. Purpose: This is a condition that grants patents do not apply to abstract concepts, purely hypothetical concepts or something scientifically impossible (such as a perpetual motion machine). Dissatisfied by the Patent System? UK patent regulations permit inventors to keep their inventions confidential, even when the inventions are not patented. Non-Patentable Subject Matter Besides the three major positive criteria, an invention should not qualify in the category of non-patentable subject matter which generally includes: • Abstract Concepts or Mathematical Process (except applied in a special technical manner). • Scientific Discoveries or Laws of Nature (new star or physics law). • Surgeries, Therapies or Diagnoses of humans or animals. The equipment/medicines used to carry such means of action may be patented but the means of action is frequently not. • Literary, Dramatic, Musical, or Artistic Works (they are safeguarded by Copyright). • Mental Game Plays or Schemes of Mental Acts. I hope this answer helps; if you have any further questions please don't hesitate to contact us. Thank you