Criteria of Patentability under the Indian Patent Act, 1970

Here is a point-wise discussion of the criteria of patentability as per the Indian Patent Act, 1970.

Criteria of Patentability under the Indian Patent Act, 1970

To obtain a patent in India, an invention must satisfy certain well-defined legal criteria under the Indian Patent Act, 1970. These criteria ensure that only genuine, useful, and novel inventions are protected by law.

1. Patentable Subject Matter (Section 3 and 4)

Not all inventions are patentable, even if they are new or useful.

Section 3 of the Act outlines non-patentable inventions, such as:

Mere discoveries of scientific principles or abstract theories.

Discoveries of new forms of a known substance without enhancement of efficacy.

Methods of agriculture or horticulture.

Traditional knowledge.

Business methods, algorithms, or mathematical methods.

Section 4 excludes inventions related to atomic energy.

✅ Only inventions not falling under Section 3 or 4 are considered patentable subject matter.

2. Novelty (Newness) – Section 2(1)(l)

An invention must be new or novel, i.e., it must not be disclosed in any form before the date of filing.

It must not have been published in India or anywhere else in the world.

No prior use or public knowledge should exist before the filing date.

Novelty is absolute in India—prior publication anywhere can defeat novelty.

📌 Example: If a drug was published in a US journal before you filed for a patent in India, it is not novel.

3. Inventive Step (Non-Obviousness) – Section 2(1)(ja)

The invention must involve an inventive step, meaning:

It should not be obvious to a person skilled in the relevant field.

It must technically advance or have economic significance.

Even if novel, if the invention is a simple modification of existing knowledge, it can be denied a patent.

🔍 Example: Changing the shape or color of a known machine without any technical advantage is not an inventive step.

4. Industrial Applicability (Utility) – Section 2(1)(ac)

The invention must be capable of being made or used in an industry.

It should have a practical utility.

It cannot be a theoretical or academic concept with no real-world application.

🏭 Example: A new type of biodegradable plastic that can be used in packaging is industrially applicable.

5. Enablement and Sufficiency of Disclosure – Section 10

The patent application must fully and particularly describe the invention.

The disclosure should enable any skilled person to replicate the invention.

A patent may be rejected or revoked if the description is vague, insufficient, or misleading.

📝 The specification should include:

Title of the invention.

Field of the invention.

Detailed description.

Working examples.

Claims clearly defining the scope.

6. Unity of Invention – Section 10(5)

A patent application should relate to one invention only, or to a group of inventions so linked as to form a single inventive concept.

Multiple unrelated inventions must be filed as separate applications.

🧩 Ensures clarity and precision in legal protection.

7. Not Contrary to Public Order or Morality

Inventions which are immoral or against public interest are not patentable.

Examples include:

Devices for gambling.

Inventions promoting harmful drug use.

Anything that can harm the environment or humans.

⚖️ Section 3(b) disallows such inventions.

Conclusion

To qualify for a patent in India, an invention must:

Be patentable subject matter.

Be new (novel).

Involve an inventive step.

Be industrially applicable.

Be fully disclosed.

Maintain unity of invention.

Not offend public morality or order.

Meeting all of these criteria is mandatory under the Indian Patent Act, 1970 for an invention to be granted a patent.