Invention under the Patent Act in India

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A patent is a right granted for an invention that is new and useful. Patent Act protects invention from unauthorized use and also gives a monopoly to the creator to exploit his invention and derive maximum benefit from it.

The India Patent Act 1970 defines an invention as follows: “invention means a new product or process involving an inventive step and capable of industrial application.

An invention may be a device, substance, method or process. It can include some types of computer programs and business systems. Any product or process will be deemed to be an invention if it is novel, non-obvious, involves an inventive step and has industrial application. An invention should be novel, this means that such an invention should not have existed previously.

The requirements to Qualify as Invention under Patent Act are:

  • The Invention must be new;
  • Invention must involve an inventive step;
  • The invention must be capable of industrial application or utility;
  • The invention shouldn’t come under the inventions which are not patentable under Section 3 and 4 of the Patent Act, 1970

Note: This Post was last updated on July 28, 2021

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Sunita

Founder & Director | COO & CHRO at eTaxFinance | Content Writer at eTaxFinance Blog | Department Head for Intellectual Property & Startup Team | Head-Corporate Strategy and Planning