Table of Contents
What Can be Patented in India?
An invention can be patented in India if it is related to a product or process that is new, involves an inventive step, and is capable of industrial application.
To qualify for a patent, the invention must not fall under the non-patentable categories outlined in Sections 3 and 4 of the Patents Act. These sections specify exceptions such as abstract ideas, natural phenomena, and certain scientific theories.
To secure patent protection in India, an invention must meet these key criteria while avoiding the exclusions defined by the Act.
Type of Patent |
Type of Invention |
Patentable Items |
|
Product Inventions |
Product |
Machines, devices or chemicals |
|
Process Inventions |
Process |
Manufacturing methods, assembly processes or purification methods |
|
Software-Related Invention |
Software |
Technical solutions using software or industrial control software |
|
Business Method Inventions |
Process |
Electronic payment systems or inventory management systems |
|
Biotech Inventions |
Product |
Gene sequences or vaccines |
Read More: How to Apply for a Patent In India?
What is the Criteria to Get a Patent?
1. Novelty
The invention must be entirely new and not previously disclosed anywhere in the world, including publications, websites, or prior patent applications.
2. Inventive Step
The invention must not be obvious to someone skilled in the field. Evidence of inventive steps can include commercial success, unexpected results, or solving a long-standing problem.
3. Industrial Application
The invention must have practical utility, solving a technical problem and usable in industry. For software, it must go beyond abstract algorithms; for medical methods, it must show specific therapeutic use.
4. Non-Patentable Subject Matter
Certain inventions are excluded from patent protection, such as natural phenomena, abstract ideas, or fundamental knowledge, as defined in Indian patent laws.
Related Read: What are the Types of Patent Applications in India?
What Cannot be Patented In India?
While understanding what can you patent is essential, it’s equally important to know what cannot be patented in India. Under the Indian Patents Act’s Chapter II, Section 3, several categories of developments are explicitly excluded from patent protection.
List of Non-Patentable Items
1. Creations that harm public order, morals, health, or the environment, or are deemed trivial.
2. Scientific discoveries that do not qualify as inventions.
3. Mere variations or alternatives of known substances.
4. Agricultural or horticultural methods and processes.
5. Methods for medical diagnosis, treatment, or surgery for humans or animals.
6. Living organisms, except microorganisms.
7. Software code, mathematical methods, business practices, and algorithms.
8. Creative works protected by copyright, such as music, literature, and art.
9. Game-playing methods, mental processes, or systems for organizing thoughts.
10. Methods for displaying or conveying information.
11. Integrated circuit layout designs.
12. Traditional knowledge or wisdom passed through generations.
Related Read: Patent Cost in India
Conclusion
Patents protect various innovations, from simple products to complex technological processes. While fundamental criteria like novelty, inventive step and industrial application are essential for patent eligibility, understanding what cannot be patented is equally important. This knowledge helps you focus your resources on developing patentable innovations rather than pursuing non-patentable developments.
Frequently Asked Questions
1. Which type of patent is allowed in India?
India recognizes ordinary patents, convention applications, and PCT National Phase applications. Ordinary patents are filed directly with the Indian Patent Office, while convention applications claim priority from a foreign application.
2. What 4 things can you patent?
Patents can be granted for products, processes or methods, computer-implemented inventions with technical improvements, and modifications to existing products or processes.
3. What are the basic requirements for an invention to be patentable in India?
Inventions must meet the criteria of novelty, non-obviousness, and industrial applicability to be patentable in India.
4. Can software be patented in India?
Software code itself is not patentable, but computer-implemented inventions solving technical problems may be eligible for a patent.
5. How long does a patent last in India?
A patent in India lasts for 20 years from the date of filing the patent application under the Patents Act of 1970.
6. What is the difference between a patent and a copyright?
A patent protects inventions, granting exclusive rights for a period, while copyright protects original creative works like music, literature, and art.
7. Can a business idea be patented?
Business ideas alone cannot be patented, but if they involve a novel, non-obvious method, they may qualify for patent protection.
8. What is the process for applying for a patent in India?
The process includes conducting a prior search, drafting a patent specification, filing the application, responding to objections, and awaiting the patent grant.
9. Can a foreign inventor obtain a patent in India?
Yes, foreign inventors can file directly with the Indian Patent Office or through the PCT National Phase route.
10. What are the consequences of patent infringement in India?
Patent infringement can lead to civil and criminal penalties, including damages, account of profits, and potential criminal proceedings.
