What is Patent Registration?

Patent registration is a legal process under intellectual property law that provides an inventor with exclusive rights over their invention. Patent registration restricts others from making, using, selling, or importing the invention without authorisation for a limited time, typically 20 years from filing. By acquiring ownership of the invention, individuals and companies can protect their innovations, attain commercial benefit, license out their technology, and reap the benefits of monetisation opportunities. LegalSetu provides fast track patent filing in India, our registered patent agents can file for registration within 14 days. File online today and enjoy exclusive legal rights for 20 years.

Indian Patent Act, 1970

The Indian Patent Act, 1970 regulates patents in India. The Act outlines the legal framework for patent granting, enforcement, and protection in India. The Act covers inventions in several areas including chemicals, drugs, engineering, and biotechnology, as long as they satisfy requirements such as novelty, inventive step, and industrial applicability. By providing exclusive rights to inventors for a limited time (20 years in most cases), the Act promotes innovation and investment in research and development.

Patentability Criteria in India

Patentability in India is governed by the Patents Act, 1970, particularly Sections 2, 3, and 4. These include novelty, inventive step (non-obviousness), and industrial applicability. In addition, the invention must not fall under excluded subject matter as outlined in Sections 3 and 4 of the Act. To be eligible for patent protection, an invention must meet three key criteria:

Novelty or Newness

To be considered novel, an invention must not have been disclosed to the public anywhere in the world before the filing date. This includes publications, prior patent applications, websites, or public demonstrations.

Non-obviousness or Inventive Step

An invention must involve an inventive step, meaning it should not be obvious to a person skilled in the relevant field. It should represent a technical advancement or economic significance over existing knowledge.

Usefulness or Utility

The invention must be capable of industrial application, meaning it should be usable in some kind of industry and provide a tangible benefit. This requirement ensures that the invention is not purely theoretical or speculative, but has practical utility.

What Can Be Patented in India

In India, patents can be granted for a wide range of inventions that are new, involve an inventive step, and are industrially applicable. Eligible categories include:

• Products: New and inventive items like machines, devices, chemicals, and pharmaceuticals
• Processes or Methods: Innovative ways of manufacturing or doing things, including industrial processes
• Machines: Mechanical inventions that demonstrate novelty or improved functionality
• Manufactured Goods: Unique articles made using distinct or innovative methods
• Chemical Formulations: Novel chemical compounds, including new drug compositions
• Biotechnological Inventions: Innovations such as gene editing, genetic sequences, and biotech processes
• Software and Digital Innovations: Software or computer-related inventions that solve a technical problem and meet patentability criteria.

What Cannot Be Patented in India

Under the Indian Patents Act, 1970, the following are excluded from patent protection:

• Inventions that violate natural laws or public morality
• Discoveries of scientific principles or natural substances
• Abstract theories, mathematical methods, or algorithms
• Agricultural or horticultural methods
• Medical, surgical, or therapeutic methods for treating humans or animals
• Plants, animals, seeds, and biological processes (except microorganisms)
• Artistic works, films, or literary creations
• Designs of semiconductor circuit layouts
• Inventions related to atomic energy.