What Can Be Patented In India

For an invention to be patentable in India, the invention must be a new product or process, involving an inventive step and capable of being made or used in an industry. Further, the invention must also meet certain criteria in terms of novelty, inventive step and industrial applicability to be patented in India. In this article, we look at what the procedure for determining if an invention is novel - warranting a patent registration.

Novelty of Patent

The invention is considered new - it is not anticipated by prior publication, prior use or prior public knowledge. An invention is new (novel) if it has not been disclosed in the prior art, where the prior art means everything that has been published, presented or otherwise disclosed to the public before the date of filing of complete specification.

For the purpose of determining novelty, an application for Patent filed at the Indian Patent Office before the date of filing of complete specification of a later filed application but published after the same is considered for the purposes of prior claiming.

Inventive Step of Patent

Inventive step is a feature of an invention that involves a technical advancement compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art. An invention is patentable only if it involves one or more inventive step. In relation to the determination of patentability, an Examiner first conducts an enquiry as to the novelty of the claimed invention and then proceeds to conduct an enquiry on whether the claimed invention involves one or more inventive step.

Industrial Application of Patent

In order for an invention to be patentable, an invention must be capable of industrial application. Industrial Application in relation to patentability means that the invention is capable of being made or used in an industry.

To determine if an invention has industrial application, the Examiner would assess if the claimed invention is capable of use in any industry or made using an industrial process. Typically, the specification explains the industrial applicability of the disclosed invention in a self-evident manner. However, a mere suggestion that the invention would have industrially applicable is not sufficient. A specific utility should be indicated in the specification supported by the disclosure.

For example, indicating that a compound may be useful in treating unspecified disorders, or that the compound has ―useful biological properties, would not be sufficient to define a specific utility for the compound. The specific usefulness has to be indicated. An acceptable industrial application would be "Compound X is used for the treating of viral fever and eliminating Virus X."

To know more about patent registration, visit IndiaFilings.com or contact a Patent Attorney.

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Frequently Asked Questions

Common questions about Patent Eligibility in India: Novelty, Inventiveness, and Industrial Application.

An invention must be a new product or process, involving an inventive step and capable of being made or used in an industry. It should also meet the criteria of novelty, inventive step, and industrial applicability to be patentable in India.

An invention is considered novel or new if it has not been disclosed in the prior art, which means anything that has been published, presented, or otherwise disclosed to the public before the date of filing the complete specification.

An inventive step is a feature of an invention that involves technical advancement compared to existing knowledge or has economic significance, making it non-obvious to a person skilled in the art. The examiner assesses if the claimed invention involves one or more inventive steps.

Industrial application means that the invention must be capable of being made or used in an industry. The examiner evaluates if the claimed invention can be used or made using an industrial process.

The specification should explain the industrial applicability of the disclosed invention in a self-evident manner, indicating a specific utility supported by the disclosure. A mere suggestion of usefulness is not sufficient.

Yes, a patent application filed at the Indian Patent Office before the date of filing the complete specification of a later application, but published after the same, is considered for the purposes of prior claiming when determining novelty.

No, indicating that a compound may be useful in treating unspecified disorders or having "useful biological properties" would not be sufficient to define a specific utility for patentability. The specific usefulness has to be indicated.

The specification plays a crucial role in demonstrating the novelty, inventive step, and industrial applicability of an invention. It should clearly disclose the technical advancement, specific utility, and industrial application of the claimed invention.

No, an invention must be capable of industrial application to be patentable. If the claimed invention cannot be made or used in an industry, it will not meet the criteria for patentability.

Yes, an inventive step is a mandatory requirement for patentability in India. An invention is patentable only if it involves one or more inventive steps, which involve technical advancement or economic significance compared to existing knowledge.