A short note on What can be Patented in India?
The Indian Patent Act, 1970 governs the grant of patents in India. Section 3 of the act lays out the conditions under which an invention can be patented. In order to be eligible for a patent, an invention must meet the following criteria:
- It must be a new invention: The invention must not have been previously published in any form, anywhere in the world. Additionally, the invention must not have been publicly used or on sale in India for more than one year before the date of filing the patent application.
- It must involve an inventive step: The invention must not be obvious to someone skilled in the relevant field. This means that the invention must not be a mere variation of an existing invention and must possess some level of inventiveness.
- It must be capable of industrial application: The invention must be capable of being made or used in industry. In other words, it must be something that can be turned into a product or a process.
- It must not fall under certain excluded categories: The act lists certain categories of inventions that are not eligible for patent protection. These include inventions that are frivolous or contrary to public order, morality, or health.
- In addition to the above 4 conditions, section 3(k) specifies that mathematical or business methods or a computer program per se or algorithms are not patentable.
Meeting these criteria is essential for obtaining a patent in India. The patent office will examine the application to ensure that it meets these requirements before granting a patent. The examination process can be lengthy, and it is not uncommon for it to take several years for a patent to be granted.
It is important to note that while the Indian Patent Act is designed to encourage innovation and protect the rights of inventors, it also ensures that patents are only granted for truly novel and non-obvious inventions that can be used in industry. This helps to promote competition and protect the public interest by preventing the monopolization of essential technologies.
In conclusion, Section 3 of the Indian Patent Act lays out the conditions that an invention must meet in order to be eligible for a patent in India. The conditions include novelty, inventiveness, and industrial applicability and it excludes certain categories of inventions. Given the above requirement and exclusions, it becomes essential for the inventor to seek professional advice before filing a patent application and assess the invention’s patentability.
Disclaimer: The information presented on this site does not constitute legal or professional advice. It should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state. The materials provided herein are solely for information purposes. No attorney-client relationship is formed when you access or use the site or the materials.
Read Meanwhile: how to register a trademark?
Trademark Infringement
trademark infringement in india
trademark registration
