A patent is the exclusive intellectual property right to an invention of a technical product or process. Patent protection means that the invention cannot be commercially made, used, distributed, imported, or sold by others without the patent owner’s consent.
For an idea to be protected within the Patent laws, it is essential that the idea should not be ambiguous and vague. Mere idea cannot be protected but when the idea is concrete with enough specificity and one has a strategy to describe it and its functioning, making it an asset valuable enough to be protected, then such an idea can be protected.
There are various conditions and requirements for an idea or an inventions to be patented under Indian laws.
To get a patent, the person’s invention must meet four requirements:
- The invention must have a useful purpose.
- The invention must meet the legal definition of “novel.”
- The invention can’t be something that anyone could invent.
- The invention must have a patentable subject matter.
For a product or process to be patentable, it must be:
The following can be patented:
- New products such as toys, appliances, tools, medical devices, pharmaceutical drugs
- New process, such as a manufacturing process or an industrial method or process
- Business methods
- Some types of biological materials
The following cannot be patented:
- A discovery
- A scientific theory
- A mathematical method
- Literary, dramatic, musical, artistic work, presentation of information
- Rule/method for performing a mental act
- Contrary to well established natural laws
- offensive/immoral behaviour or is contrary to law
- Plant variety
- Biological process for the production of animals or plants, not being a microbiological process or the product of such a process
- Method of treatment of the human or animal body by therapy, or diagnosis practised on human or animal body
Note: This Post was last updated on July 12, 2021
Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation i.e. July 12, 2021. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, We assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. We assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL WE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION.