Source: https://www.bananaip.com/ip-news-center/patentability-requirements-in-india/
The
requirements for patentability of inventions can be considered as one
of the most important parts of patent law. They form the basis for grant
of a patent, scope of protection, and patent validity, among others. At
a general level, they influence the efficiency of the patent system in
achieving its objectives of promoting scientific and technological
progress, economic/industrial growth and public benefit. Owing to their
value, they may be termed as essential parts of the patent machinery. If
they fail, the patent machine also fails.
Under the Indian Patents Act (“Act”), patentability requirements and their elements have not been laid out in an organised manner. Though the definitions capture the requirements at a general level, finding specifics of some of the requirements requires more effort than expected. Like in many other countries, there are five (5) patentability requirements under the Indian patent law.
A. Patentable Subject Matter;
B. Industrial Applicability;
C. Novelty;
D. Inventive Step; and
E. Specification.
Patentability Requirements in India
Under the Indian Patents Act (“Act”), patentability requirements and their elements have not been laid out in an organised manner. Though the definitions capture the requirements at a general level, finding specifics of some of the requirements requires more effort than expected. Like in many other countries, there are five (5) patentability requirements under the Indian patent law.
A. Patentable Subject Matter;
B. Industrial Applicability;
C. Novelty;
D. Inventive Step; and
E. Specification.
