A patent is an exclusive right granted to an inventor or patent holder for an invention, allowing them to prevent others from making, using, selling, or importing the invention without consent. In India, a patent is granted for a period of 20 years from the date of filing of the patent application, in accordance with the Patents Act, 1970.
Who Can Apply for a Patent?
Any person or entity claiming to be the patentee of the invention may apply, including:- Individuals
- Startups
- Small and Medium Enterprises (SMEs)
- Educational institutions
- Companies
- Partnership firms
- Trusts or societies
- Foreign applicants
Which inventions can be Patented?
Under the Patents Act, 1970, a patent may be granted for an invention that is a new product or process involving an inventive step and capable of industrial application.
Patentability CriteriaSection 2(1)(j) defines an "invention" as a new product or process involving an inventive step and capable of industrial application.
NoveltySection 2(1)(l) defines a "new invention" as any invention or technology that has not been anticipated by publication in any document or used in India or elsewhere in the world before the priority date of the claim, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art
Inventive StepSection 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.
Industrial ApplicabilitySection 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
* For more Information, please refer Patents Acts and Rules.
** 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.
