Patents in India : Inventions Not Patentable in India

Last Updated at: Jul 22, 2021
Patents in India Inventions Not Patentable in India
On 12 August 2020, information technology solutions provider Mphasis, the company headquartered in Bengaluru, announced that its artificial intelligence system for tracking, managing, and analyzing data from unstructured data sources has recently been granted a US patent. The patent concerns optimized data aggregation and analysis across digital and physical sources of data.


An Indian association for cancer patients has requested the country’s government to revoke patents on remdesivir from Gilead Sciences, the experimental antiviral that can be utilized to combat coronavirus.


The government permits a Patent for any innovation being novel, non- tangible and valuable in the contemporary application. It goes on for a time of 14 years and after the expiry of the period, the creation goes into the open space. It is a regional right anyway one can apply for convention application. No outsider can make, deal or trade the registered invention. Patent Registration in India assumes a critical job in assurance from the misuse of new ideas and innovations. On the other hand, there is a limitation on licenses or inventions which can or can’t be patented.


A patent is an elite right affirmed by the legislature to the creator of an item for his development for a temporary period. This privilege prevents others from making, indulging, creating utilizing, selling, and importing in the goods or procedure, without the creator’s approval.

It covers all the innovations identified with a product or procedure that is novel, inventive including extraordinary, unmistakable, creative measures and has the business application.

Patent Your Innovation Right Now

Vital focuses on Patents

A patent has regional confinement, for example, it gives insurance of right in the specific nation where the patent has been documented or register. Along these lines, the patent in India won’t secure the maker to practice his rights outside India. There is no security of the patent globally.

In case an innovator expects to acquire the global right to a patent over his goods or procedure, at that point the different application should be filed in various nations within a year from the date of application in India. Henceforth, individual patent required from every nation to defend his innovation from replication.

Application for a patent can be applied either by the primary creator or his chosen one, either alone or together with some other individual.

A patent application ought to be documented before publically unveiling the innovation. In the event that it is unveiled before petitioning for Patent, the essential target of the patent will be demolished and all will be futile.

In India, a patent for a good is approved for 20 years from the date of documenting a patent application.

Patents in India

The most important highlight of any patent is its:

  • Originality/ Exceptionality – There must not be a past proclamation for it anyplace in India. It should be far exceptional in relation to the earlier workmanship. Innovation is a novel, if before the date of filing; the invention was not in presence either in words, text or through use.
  • Non- recognizable – It must not be expected to the general public. A common method used to build ideas gives out expected outcomes.
  • Industrial application – it must be utilized for an industrial reason. Consent of the patent isn’t for unlawful and unethical purposes.

Innovations identifying with procedure or strategies for animate and inanimate substances by biotransformation or utilizing such microbes are patentable in India.

A few findings are not patentable. Individual or some other than the petite unit can request a patent which identified bylaw of nature or technical nature.

Under European patent law, patents are allowed just for novel ideas, include a resourceful movement and equipped for modern application. In India, the innovation must identify with some hardware, article or matter created by industry or a substance for industrial usage.

Under Segment 3 and 4 of the Indian Patent Act, the below sixteen points tell you what is not patentable in India:-

  1. An innovation, that is trivial or that claims anything clearly in opposing institutional innate laws
  2. An innovation, the crucial or the proposed usage of which would be in opposition to law or ethical quality or harmful to public welfare
  3. The breakthrough of a scientific assumption or the articulation of a conceptual hypothesis;
  4. The discovery of any new assets or new use for a well-known material or of the minor use of a well-known process, appliance or device except if such realized procedure results in another product or make use of no less than one new reactant
  5. A substance acquired by a negligible chemical mixture resulting just in the accumulation of the properties of the segments of that or a procedure for delivering such matter
  6. The simple course of positioning or repositioning or replicating of known gadgets, each working freely of each other knowingly
  7. A strategy for agribusiness or agriculture
  8. Innovations associated with atomic energy.
  9. Any procedure for the medical, operation, remedial, prophylactic or other therapy of people or animals or other creatures
  10. Flora and fauna intact or partial thereof other than microbes.
  11. Statistical or business technique or a computer program in itself or algorithms.
  12. Fictional, theatrical, musical or creative works, motion pictures, telly productions, and any other audio or visual creations.
  13. Simple plan or standard or technique for performing mental act or amusement
  14. Exhibition of information
  15. Geography of integrated routes
  16. A creation which essentially, is conventional information or depends on the properties of conventional information

This piece of article is set to put forward a general instruction to the topic. Seeking expert counsel is recommended for your particular situation.

A lawyer with 14 years' experience, Vikram has worked with several well-known corporate law firms before joining Vakilsearch.