Patent Law in India

The Latin verb “patere”, which in English means “to lay open” is where the word “patent” originates. A patent is a privilege granted to the inventor to stop others from creating, using, or selling their invention for a specific period of time. Patents can also be obtained for further development of its original concept. The main reason for supporting patent legislation is to encourage inventors to contribute more to their field by giving their ideas unique rights. In common language, patenting refers to the right granted to an inventor to develop any novel, practical, and non-obvious approach in a machine, a manufactured good, or a chemical composition. The granting authority of Patents is the Patent attorney in India.

Criteria for patentable innovations

A new invention is one that no one has previously heard of. Anything that is widely known is not innovative. The 20-year patent term begins on the filing date of the patent application. As a result, it is only valid for use in the nation in which it was granted. As a result, only in that country may legal action be brought for infringement or violation of patent rights. Each country must submit a patent application in order to gain protection elsewhere. An international patent application can be submitted via the PCT (Patent Cooperation Treaty) procedure. A single application may be used to submit a patent in numerous countries. Only after the application has been submitted can the PCT be used at the patent office’s discretion.
For any innovation to be patentable, it must fulfil the below three basic criteria:

• The invention must be original and unheard-of.
• A small change in technique will not grant the product the right to a patent; the invention must be novel and not obvious, and it must represent a significant improvement over the prior art.
• The innovation must be valuable to the world in an honest way and must be beneficial in a legal fashion, which means it cannot be used exclusively in any illegal activity.

Patentable innovations

The 1970 Indian Patents Act (Section 3 and Section 4) clearly stated the limitations on patentable inventions. Certain conditions must be met to receive patents in the country which are discussed below.

• Patent Subject

The invention’s compliance with the patentable subject matter is the most important aspect to check. The Patents Act (Sections 3 and 4) includes the non-patentable subject matter. The invention is a patentable subject unless it is covered by Section 3 or Section 4.

• Novelty

In order to determine a creation’s patentability, novelty is essential. The design must produce new knowledge, a new item, or a new process. Any document, patent granted, published patent, non-patent literature, or other work already in the public domain should not be used to anticipate it. It must be different from what is already understood.

• Non-Clarity or Inventive Steps

The Patents Act [Section 2(ja)] defines an innovative step as “the invention characteristic that incorporates economic significance or scientific development, or possibly both, as opposed to surviving knowledge, and innovation that is not evident to a person versed in the arts.” Someone skilled in the same field as the invention must not be able to identify the innovation. Someone with experience in the same industry shouldn’t find it apparent or novel.

• Suitable for Industrial Use

Industrial application is defined as “the creation is potent of manufacturing or utilising in a sector” in Section 2(ac) of the Patents Act. It implies that the invention must be useful to be patented because it cannot exist in the abstract and must apply to any industry.

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