What is a Patent?

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

Who Can Apply for a Patent?

A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. The legal representative of any deceased person who, immediately before his death, was entitled to apply for a patent may also file the application.

Which inventions can be Patented?

For an invention to be patentable, it must satisfy all of the following conditions:

• It should be novel.
• It should have inventive step.
• It should be capable of Industrial application.
• It should not attract the provisions of section 3 and 4 of the Patents Act 1970.

Section 2(1)(j) defines an "invention" as a new product or process involving an inventive step and capable of industrial application.

Section 2(1)(ja) defines "inventive step" as a feature of an invention that involves technical advance as 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.

Section 2(1)(ac) defines "capable of industrial application" in relation to an invention as that the invention is capable of being made or used in an industry

** Disclaimer: The content is for general information only, not legal advice. Users should refer to the Patents Act, 1970 and Rules available on the official IP India website for specific matters.