A patent is an exclusive right to prohibit others from using, making, or selling an innovation for a fixed period of time. The first step an investor should take to prevent his or her innovation from being misappropriated is obtaining a patent.
A device, method, composition, or procedure that is original or novel is considered an innovation. The government grants a patent for any innovation that is novel, non-tangible, and valuable in terms of contemporary application.
Simply put, An innovation can be Patented in India is an Exclusive Right bestowed by a government on the creator of innovation for a limited period of time. This privilege prevents others from making, indulging, creating, utilizing, selling, or importing the invention without the creator’s approval.
It covers all innovations identified, whether a product or a procedure, that is novel and inventive including extraordinary, unmistakable, creative measures that have Business Application.
Parameters For an Invention to Be Patentable
- The invention must be novel, which means it must not already be in existence
- The invention must be non-obvious, which means that even a person who is well-versed in the area to which the invention pertains might not be able to come up with that invention without exerting or acquiring exceptional mental skills and ability
- Further, the invention must be beneficial to mankind and have a bonafide purpose. A useless or illegal innovation is Cannot Be Patented.
Benefits of Filing a Patent in India
- Enjoy increased credibility as the owner of the innovation
- Gain legal monopoly over the innovation
- Additionally, restrict your competitors from copying, selling, or importing your intellectual property without prior permission
- Obtain an additional source of revenue, as it can be sold or licensed
- Profit from premium valuation as patented in India products attract buyers who are willing to pay more on account of restricted availability.
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.
Innovations that Are not Patented in India:
- Inventions relating to atomic energy
- Any process for the medicinal, surgical, curative, prophylactic, or any other type of treatment of people or animals or other creatures
- Plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties, and species and essentially biological processes for production or propagation of plants and animals
- A mathematical or business method or a computer programme per se or algorithms
- Likewise, a literary, dramatic, musical, or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions
- Similarly, a mere scheme or rule or method of performing a mental act or method of playing a game
- Presentation of information
- Topography of integrated circuits
- An invention which in effect is traditional knowledge or is based on the properties of traditional knowledge.
Disclaimer
The information in this article reconciles general information on what is not patentable in India: https://ipindia.gov.in/patents.htm. Further, for a more complete understanding of what is and what isn’t patentable, you can get expert’s help from Vakilsearch.
To get a better idea about whether your invention is patentable or cannot Be Patented get in touch with our experts right away.
Validity of a filed patented in India
Every Patent in India is valid for 20 years from the date of filing for the patent. However, the term of 20 years commences from the international filing date for those applications filed under the Patent Cooperative Treaty (PCT).
Patent Renewal Fees for Individual Holders
| Renewal Fee Year | Fee Payable (E- Filing) | Fee Payable (Physical Filing) |
| 3-6 years | ₹800 | ₹880 |
| 7-10 years | ₹2400 | ₹2650 |
| 11-15 years | ₹4800 | ₹5300 |
| 16-20 years | ₹8000 | ₹8800 |
In the event of non-renewal, the patent expires and becomes part of the public domain. This means that a patent holder cannot sue a third party who takes undue advantage of the patent after the renewal deadline.
However, there are ways in which a patent can be salvaged even after the renewal deadline. You do so by either requesting a six-month extension on paying a late fee or filing for the restoration of the lapsed patent.
Either way, both these routes require extensive Legal Expertise and professional knowledge. If you need help restoring an expired patent, get in touch with us right away.
FAQ
Is it possible to patent abstract ideas or theories in India?
No, abstract ideas or theories are non patentable inventions in India. Patent protection is granted to concrete inventions that are novel, involve an inventive step, and are capable of industrial application.
Are certain scientific principles or discoveries eligible for patent protection in India?
No, scientific principles or discoveries, by themselves, are non patentable subject matter therefore, not eligible for patent protection in India. Patents are granted for practical applications of scientific principles that fulfill the criteria of novelty, inventiveness, and industrial applicability.
What types of inventions fall outside the scope of patentability in India? What is not patentable in india?
Inventions that are contrary to well-established natural laws, inventions that are frivolous, inventions that could be harmful to public order or morality, and inventions that are mere discoveries without practical application fall outside the scope of patentability in India.
Can methods of medical treatment or surgery be patented in the Indian context?
No, methods of medical treatment or surgery are not considered patentable subject matter in India. The treatment of humans or animals, as well as diagnostic methods, are excluded from patent protection.
Are business methods and software algorithms considered patentable subject matter in India?
Business methods and software algorithms, per se, are not considered patentable subject matter in India. However, if an invention involves a technical advancement or has a technical application beyond just a business method or algorithm, it may be eligible for patent protection.
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