In today’s world of constant innovation, new ideas are being developed every day. But if you’re an innovator or a creator, it’s important to understand that building something isn’t enough—getting legal protection for your innovation is just as important. A patent is a type of Intellectual Property Right (IPR) granted to inventors for creating a new machine, process, or technology. To be eligible, an invention must meet several key criteria: it must be novel, non-obvious, and useful, and it must fall under what is legally considered patentable subject matter.
For beginners, all of this might sound overwhelming, but don’t worry. This article is here to simplify things and guide you through all the essential requirements for obtaining a patent, step by step.
Patentable Subject Matter:
In India, a variety of inventions can be patented if they meet the required criteria. These include
- Products like machines, tools, or chemical compositions;
- Processes, such as methods for manufacturing or purification, and certain
- Software-based innovations, but only when they solve a technical problem and are linked to hardware, not just lines of code.
- Business methods may also be patentable if they involve a technical component, like a system for digital payments or automated inventory tracking. Additionally,
- Biotechnology inventions, such as vaccines, gene sequences, or bio-based formulas, can be patented if they meet all legal conditions.
Novelty:
Novelty means new to the world, and no one should be familiar with the invention before. This concept has two key components: (1) novelty and (2) statutory bars to patentability.
1. Novelty (Being Truly New)
According to the Indian Patents Act, 1970, an invention must be “not anticipated by prior publication or prior use” anywhere in the world. This means the invention:
- Must not be disclosed in any prior art, including articles, books, patents, or online sources.
- Must not have been used, sold, or made publicly available before the filing date.
2. Statutory Bars (Time-Sensitive Public Disclosure)
A statutory bar refers to rules that disqualify an invention from being patented if it’s been publicly disclosed or offered for sale too early, before the patent application is filed.
In India, there is no grace period—even a single day of public disclosure before filing can destroy novelty (except for limited exceptions like display at a government-recognized exhibition under Section 31 of the Patents Act).
Utility:
Any patent should have a unique feature called “utility.” And should have some real value. Under Section 2(1)(ac) of the Indian Patents Act, an invention must be capable of industrial application, meaning it must be usable in some form of industry, such as manufacturing, agriculture, healthcare, or technology.
- Specific means the use is directly tied to the invention itself, not just to a broad category.
Read Also: Indian Scientists Receive Patent for Portable Food Safety Device
Non-Obviousness (Inventive Step) in Indian Patent Law:
In India or anywhere, there is one more thing to keep in mind: you’re invention should be non-obvious under the Indian Patents Act, 1970.
This means the invention must show:
- A technical advancement over prior art, or
- An economic advantage, or both,
- And not be familiar with someone skilled in the same technical field.
Conclusion:
At the end of the day, getting a patent in India isn’t just about coming up with something new—it’s about creating something that genuinely stands out. If your idea offers a real improvement and isn’t just an obvious next step, you’re on the right path. The non-obviousness requirement helps make sure that patents go to inventions that truly push things forward.
Read Also: Ferrero Wins: Nutella Declared Well-Known Trademark by Delhi High Court