What Is The Definition Of Invention Under The Indian Patent Act?

How is invention defined in the Indian Patent Act? What can qualify for grant of a patent?
Posted 2 years ago  | 

2 Answer(s)

Team Legistify

Section 2(1)(j) of the Patent Act, 2005, defines the "invention" as a new product or as process involving an inventive step and capable of industrial application.

Under the Act "New invention" is defined under section 2(1)(l) of the Patents Act

"New invention" means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art.

Deepika Gill

Invention means a new product or process involving an inventive step and capable of Industrial application.Inventive step means a feature that makes the invention not obvious to a person skilled in the art.Capable of Industrial application means that the invention is capable of being made or used in an industry. However, inventions claiming substance intended for use, or capable of being used, as food or as medicine or drug or relating to substances prepared or produced by chemical processes (including alloys, optical glass, semiconductors and inter-metallic compounds) are not patentable. Only process claims are allowed in such cases. Meaning of chemical process would also include the biochemical, biotechnological and microbiological process.

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