The Patent Act, 1970 defines a patent as an exclusive distinct right that preserves the inventors right over his inventions, this excludes third parties to make, sell or use that invention. In order to inspire inventions, patents have two uses.
Firstly, promoting the economic well-being of inventors. Secondly, publishing the constituents of the invention, it is made obvious amongst the general public of the country, that similar contents of the patent application will not be entertained, thereby creating better and other newer innovations.
What is Patentable subject matter?
The Patentable subject matter is defined as patent-eligible subject matter that is susceptible to patent protection. Thus, the foremost consideration is to determine whether the invention relates to a patentable subject matter. The invention shall not fall under Sections 3 and 4 of the Patents Act which defines the non-patentable subject matter.
For any invention to be granted in INDIA, the following criteria should be fulfilled:
The First criteria for the invention is that the invention should be new and novel.
According to section Section, 2(l) of the Patents Act novelty is defined as “any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of a patent application with complete specification, i.e., the subject matter has not fallen in the public domain or that it does not form part of the state of the art”.
2. Inventive Step
Inventive step is defined under Section 2(ja) of the Patents Act 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”.
3. Industrial Applicability
Industrial applicability is defined under Section 2(ac) of the Patents Act as “the invention is capable of being made or used in an industry”.