It’s a science project, you shared your idea of a working model with your friend and the next day, he makes it better with the help of others and gets more marks from a basically copied science project. Will you feel cheated? Of course you will. Because your idea is your intellectual property. It should have your name and nobody should steal the benefits for what came to you first. For innovations, patents are the protective gear through which innovators get a sigh of relief. But there are specific requirements for what can be patented and what cannot be patented in India. The same has been answered under the Patents Act, 1970. Here, we have segregated patentable and non-patentable inventions for a better understanding.
What can be patented in India?
There is no express explanation or definition for Patentable inventions under Patents Act, 1970. However, an invention may be subject to patent protection if it satisfies all the checks. Given below are the requirements to be fulfilled for patent protection:
- Novelty – Nobody is granted patent protection for what already exists. Hence, what can be patented in India is an invention which is new, original and unusual.
- Invention – As defined under Section 2(j) of the Patents Act, invention means a new product or process. It involves some inventive step, and is capable of industrial application.
- Capable of Industrial application – As defined under Section 2(c) of the Act, it means the invention being capable of being made or used in an industry. An innovation which does not come in use or does not make a process easy is basically of no use and not subject to any protection.
- Exception to Sections 3 and 4 of the Patents Act, 1970 – Chapter 2 of the 1970 Act deals with inventions not patentable. The provision specifies what cannot be patented as per the 1970 Act. Hence, if the invention sought to be patented falls under one of the not patentable exceptions, it cannot be patented.
What cannot be patented in India?
To know what can be patented, one should always check for Non-patentable inventions under Patents Act, 1970. In terms of non Patentable Inventions, Section 3 of Patents Act brings the specific answers. Here is a compilation of the particulars for non-patentable inventions:
- A frivolous invention or an invention claiming something contrary to well established natural laws in an obvious manner;
- Invention whose primary or intended or commercial use could stand against the public order or morality;
- An invention which may cause serious prejudice to humans, animals or plants or health or to the environment in general;
- Mere discovery of scientific principles or formulation of an abstract theory or discovery of any living thing or non-living substance that naturally occurs in nature;
- Mere discovery of a new form of a substance which is already known and which does not enhances the known efficacy of such substance
- Mere discovery of any new property or new use for a known substance;
- Mere use of a known process, machine or apparatus unless such known process leads to formation of a new product or employs at least one new reactant;
- A substance obtained by mere admixture which only results in the aggregation of properties of components or a process for producing such substance;
- Mere arrangement, re-arrangement or duplication of known devices, with each of them functioning independent of one another in a known way;
- A agricultural or horticultural method;
- Any process for medicinal, surgical, curative, prophylactic (diagnostic, therapeutic) or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or their products;
- Plants and animals (wholly or partially) other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals
- A mathematical or business method or a computer program per se or algorithms
- A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions (since that falls under the aegis of copyright laws);
- Mere scheme or rule or method of performing mental act or method of playing game; 13) a presentation of information;
- Topography of integrated circuits (falls under separate laws for Integrated circuits)
- An invention requiring traditional knowledge or one being an aggregation or duplication of known properties of traditionally known component or components
- Inventions relating to atomic energy;
Conclusion
By now, we can see what can be patented and what cannot be patented as per the Patents Act, 1970. It needs to be understood that things are not at all black and white in practice. Some applications may be rejected for minor gaps and that is why, knowing the process well in advance when you are on the way to invent something ensures patent registration in India.
