Introduction
Patentability refers to the eligibility of an innovation or invention for patent protection. Patent protection is granted to inventors, giving them exclusive rights to their creations, but not every invention qualifies for such protection. Only inventions that pass all three tests of patentability are eligible for patent protection. The concept of patentability is a key feature of patent law and is crucial when applying for patent protection.
In this article, we will provide an overview of essential ingredients of patentability with specific reference to Indian Patent law under the Patents Act, 1970 and related questions including “What is patentable in India?”. and “What is not patentable?”
Patentability Definition in Intellectual Property Rights
Patentability forms the criteria for eligibility under Intellectual Property Rights (IPR), which grants inventors exclusive rights to their inventions. To qualify for patent protection, an invention must fulfil specific conditions related to novelty, inventive step, and industrial applicability. This approach to defining patentability is one of the oldest and has been accepted by numerous jurisdictions, including India
What is Patentable in India?
As per Indian Patents Act, 1970, an invention is only patentable when it fulfils all of the mentioned criteria:
- Novelty: The invention must be new; it has not ever before been made public in any form anywhere in the world.
- Inventive Step: The invention should have a minimum leap that is non-intuitive with the existing knowledge of technology. It should not be an obvious answer to a well-versed individual in this domain.
- Industrial Applicability: The invention should be used in industry, ensuring its practical utility.
These three factors—novelty, inventiveness, and industrial application—are the essential elements of patentability in India.
Patentable Invention under the Patent Act, 1970
According to the Patent Act, 1970, a patentable invention is one that is:
- New: Not used or described in any prior art.
- Useful: Capable of being applied in the industry or providing a new method of doing something.
- Non-obvious: It is an invention that goes beyond the products and practices known to skilled person in the field of technology.
Examples of Patentable Inventions
Here are some patentable examples in India:
- Pharmaceutical inventions—Novel chemical entities or drug formulations
- Technological innovations: A new algorithm, software program or hardware device.
- Mechanical: Improvements to existing technology or new tools/machinery
What is Not Patentable?
The answer to this question is present in Section 3 of the patent act which specifically mentions that following items are not excluded for being eligible as an invention. These exclusions include:
Inventions contrary to public order or morality: Any invention likely to prejudice the interest of public order and morality such as biological warfare devices
Discovery of scientific principles: Finding a new scientific theory or other discovery, including mathematical method in of itself is not an invention and patents are therefore ungranted.
Plants and animals: Living inventions such as the cloning of animals or genetically modifying plants for use in Agriculture, horticulture etc will not be patentable under Indian Patent Law.
Traditional knowledge: Any indigenous knowledge or cultural practice already known within a community is not considered novel or eligible for patent protection.
Patentability of Products
The patentable products are some concrete goods or items that have the specification of Novelty, inventive step & industrial applicability. In India, both processes (methods of doing something) and products (the resulting goods) can be patented.
For example, a medical device that enhances surgical procedures or a software program designed to automatically solve complex business problems can be considered patentable inventions in India.
Conclusion
In the case of inventions, it is essential for inventors to clearly understand what is patentable and what is not before deciding to protect their creations.
Not everything qualifies as a patentable invention; the Patent Act, 1970 outlines what constitutes a patent and the criteria for approval based on novelty (something new or original), inventiveness (a completely innovative approach), and industrial applicability. Additionally, it specifies the categories of inventions that are excluded from patent protection.
Whether your invention is a new drug, a next-generation gadget, or a mechanical device, knowing that it meets these thresholds will better protect your patent and distinguish you in the market as an innovator.