What Is Patentable Under The Indian Patent Act

Published on 04 Aug 2019 by Shivi

To obtain a Patent registration in India, an inventor needs to adhere to certain guidelines and regulations. One of those guidelines relates to the patentability of an invention in India. It is important to establish whether an invention is patentable or non-patentable under the Indian Patent Act before filing an application for Provisional Patent or general Patent. 

Patentable Inventions In India

An invention is considered to be patentable in India only if it has the following features:

  1. Novelty or Uniqueness: The invention must not be a subject matter to an already existing patent application or must not be already patented in India. The invention must be unique or novel i.e. the invention did not exist in any form orally, writing or use.
  2. Non-obviousness: The invention must be unpredictable or non-obvious to a common man. The techniques used to create the invention must not have a predictable outcome.
  3. Industrial applicability: The invention must be able to be used for industrial purposes and must have some industrial applicability. It must not be for any illegal or unethical methods. 

An application for Patent registration in India can be filed if the invention has all these three elements existing. In addition to the above-mentioned points, the Indian Patent Act, 1970 also lays down the kinds of the invention which are not allowed to get a Patent. 

Inventions Not Patentable In India

Under Section 3 and 4 of the Indian Patents Act, the following are not considered as patentable inventions in India:

  1. A frivolous invention or one that claims anything which is blatantly contrary to well established natural laws.
  2. An invention which has the primary or intended use or commercial exploitation contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment.
  3. Mere discovery of a scientific principle or formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature;
  4. The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.
  5. A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance.
  6. The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way.
  7. A method of agriculture or horticulture.
  8. Any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.
  9. Plants and animals in whole or any part thereof other than micro­ organisms but including seeds, varieties, and species and essentially biological processes for production or propagation of plants and animals.
  10. A mathematical or business method or a computer program per se or algorithms.
  11. A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;
  12. A mere scheme or rule or method of performing mental act or method of playing a game.
  13. A presentation of information.
  14. The topography of integrated circuits.
  15. An invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of a traditionally known component or components.

It becomes critical to perform a Patent search and study to know whether an invention is Patentable or not before proceeding with a Patent registration process. If the Registrar finds the invention to be non-patentable, the application is rejected right away. 

Legistify’s Patent experts in India can help in performing a Patent search to know whether your invention has patentability or not. Call us at 846-883-3013 or send us an email at [email protected]

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