The criteria for patentability is one of the most important parts of patent law. It affects how effective the patent system is overall at promoting scientific and technological advancement, economic expansion, and the public good. If they will fail the patent system will also fail. The patentability standards and their components are not grouped under the Indian Patents Act. Although the definitions provide a high-level understanding of the criteria, it takes longer than anticipated to ascertain the details of some of the requirements.
The requirements for patentability are one of the most crucial elements of patent law. They serve as the basis for the grant of a patent, the scope of its protection, and its validity. It affects how effective the patent system is at promoting innovation in science and technology, economic expansion, and societal good. If they will fail, so will the patent system.
The Indian Patents Act does not organize the standards for patentability and their components. Despite the definitions capturing the criteria at a high level, it takes longer than anticipated to determine the specifics of some of the needs. Like many other countries patent laws, Indian law contains five (5) requirements for patentability.
The Patents Act of 1970 has several clauses that define Indian patent law. This law grants patent rights to inventions that cover innovative and inventive processes, products, or articles of manufacture that can meet the criteria for patent eligibility, including novelty, inventive steps, and the potential for industrial application.
Patentable Subject Matter
An innovation that satisfies the requirements outlined by the United States Patent and Trademark Office (USPTO) to qualify for patent protection is said to have patentable subject matter, also referred to as patent eligibility. To qualify as patentable subject matter, an invention has to satisfy two criteria: statutory, judicial the subject matter of the invention must fall into the category of process, machine, manufacture, or composition of matter,Second, that subject matter cannot fall within an exception recognized by the courts; namely, laws of nature, physical phenomena, and abstract ideas.
Examples of patentable subject matter include:
- Business methods and processes
- Computer hardware
- Machines
- Sports equipment
- Electronics
- Pharmaceuticals
- Fabrics and fabric designs
- Computer software that produces a “useful, concrete, and tangible” result
What Is not Patentable in India?
- As per Sections 3 and 4 of the Indian Patent Act, the following innovations are not Patentable in India:
- An invention that is frivolous or trivial
- An invention that claims anything obviously contrary to well established natural laws
- The mere discovery of a scientific principle
- Moreover, an invention whose primary goal or intended use is contrary to law or morality or is injurious to public health
- The formulation of an abstract theory
- Further, the mere discovery of a new form of a known substance, which does not result in the enhancement of the known efficacy of that substance
- The mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine, or apparatus, unless such known process results in a new product or employs at least one new reactant
- A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance
- Similarly, the mere arrangement or rearrangement or duplication of known devices, each functioning independently of one another in a known way
- A method of agriculture or horticulture.
Three basic parameters for an invention to be patentable, which are:
The invention must meet the following criteria:
- It must be new, which means it cannot already be found;
- It must be non-obvious, which means that even someone with extensive knowledge of the subject matter could struggle to come up with the invention without extraordinary effort or mental prowess;
- It must also be useful to humans and serve a legitimate purpose. Patenting is not permitted for innovations that are illegal or useless.
Criteria for Patentability
To be eligible for a patent, an invention must be a device or process that: Patentable Subject Matter: The phrase “patentable subject matter” was lifted verbatim from the US Patent Code but did not occur anywhere in the Patents Act. The TRIPS Agreement uses the phrase “Patentable Subject Matter” in a way that goes beyond what is described in this chapter. In this chapter, the terms “patentable subject matter” and “non-patentable subject matter” are interchangeable.
The Act’s definition of innovation stipulates that an invention must be either a product or a process in order to qualify as a subject matter for patent protection. In other words, in order for an innovation to be considered for patentability, it must either be a product or a method. Therefore, non-field-specific products and processes are patentable subjects. Thus, patent-able subjects are goods and procedures not restricted by field, technology, or other factors.
Requirements or principles of Patent Law
To get a product patented, it has to fulfil the following requirements, which also serve as the principles of patent law in India. These are:
- An invention must be new.
- It must involve an inventive step.
- Capable of being used in industries i.e. industrial application.
- It must not fall into the category of exceptions or subjects that are not patentable.
The following criteria determine what can be patented in India.
- Novelty or newness
The invention must be original and unrelated to any previously published work or marketable goods. A “new invention,” as defined by Section 2(l) of the Patents (Amendment) Act of 2005, is one that has not been anticipated by a former publication and that is not in the public domain. The invention must not have been published before. However, a discovery alone does not qualify as an innovation. In the case of Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries, it was acknowledged that the two requirements for granting patents—novelty and utility—were crucial (1979). Gopal Glass Works Ltd. v. Assistant Controller of Patents (2005) made the observation that innovation must be novel and original in order to be patentable. a standalone novelty. Novelty in itself is not a complete criterion. The product or invention must be sufficiently original as well.
- Non-obviousness or inventive step
According to Section 2(1)(j) of the Indian Patents Act, 1970, any product or process that involves an inventive step and is capable of being used in the industry is called an invention. This definition makes it clear that the invention must have an inventive step and it must not be known to any skilled person in that particular field. Section 2(1) (ja) of the Act defines ‘inventive step’. The concept of inventive step was introduced in India in the case of Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries (1979). It also reiterated the four tests of obviousness. These are:
- A skilled person must identify the inventive step in the form of prior use, art or knowledge.
- He must be able to tell the difference between the subject matter and the invention.
- Consideration must be given to observing the differences.
- There must be a degree of invention.
- Usefulness or utility
This is an additional requirement for issuing patents. A fresh, non-obvious invention must also be beneficial and have an industrial application. In Cipla Ltd. v. F Hoffmann-La Roche Ltd. (2015), the court noted that an innovation must have a commercial use in order to be put to use in the industries. This is in accordance with the definitions of “invention” and “capable of industrial application” under the Act. The court noted in the case of Indian Vacuum Brake Co. Ltd. v. E.S. Luard (1925) that the term “utility” was not employed in the Act in an abstract sense. An invention must have some utility in order to be eligible for a patent. Simple usefulness is insufficient.
Conclusion
Intellectual property includes any production, invention, idea, or artistic work that is the outcome of a person’s mind, and the rights granted to that individual for his creation, work, idea, or invention are known as intellectual property rights. One type of intellectual property is a patent. If an innovation does not come within the category of non-patentable inventions, it may be patentable if it leads to the creation of a new good or service or the manufacture of an already existing good using new methods and technology. The Indian Patents Act, 1970, which was revised twice, in 2002 and 2005, governs patents in that country.
There are certain essentials of patents that have to be fulfilled in order to get a patent for an invention. The 3 essential requirements are novelty or newness, utility or usefulness (capability of industrial application), and non-obviousness. However, there are certain grounds on which the application for the patents can be refused. These grounds have been described above in the article. These are the legislative requirements for an invention’s patentability. It is evident from the preceding explanation that the issued Patent necessitates several inspections and clearances. Every government evaluates the claimed innovation under its stated law, regulation, or criterion. As a result, it is essential to review and obey the country-specific Patentability requirements to avoid the Patent office rejecting a submitted Patent application.
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