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.
