Which Inventions Are Patentable?

Miss. S is a computer engineer has created a computer program which she intends to patent is the invention patentable. Please suggest.

Answer (1)

Dhriti Dewan

  • Sector-1, Noida

Sections 3 and 4 of the Patents Act list out the non-patentable subject matter.

An invention is Patentable if the following elements are present: 

  1. Subject Matter: You should check whether the invention relates to a patentable subject-matter.
  2. Novelty: Novelty is an important criterion in determining the patentability of an invention. It basically states that an invention should never have been published in the public domain. It must be new with no same or similar prior arts.
  3. Non-Obviousness: This means that the invention must not be obvious to a person skilled in the same field as the invention relates to. It must be inventive and not obvious to a person skilled in the same field.
  4. Capable of Industrial Application: Industrial applicability is defined under Section 2(ac) of the Patents Act as "the invention is capable of being made or used in an industry". This essentially means that the invention cannot exist in the abstract. It must be capable of being applied in any industry, which means that the invention must have practical utility in order to get Patent Registration in India.

Answered on 02 Aug 2019

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