The conditions to be satisfied by an invention to be patentable (Intellectual Property Rights)-

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

 

The conditions to be satisfied by an invention to be patentable

(Intellectual Property Rights)-

Tanmoy Mukherji

Advocate

A patent is an exclusive statutory right granted by the Government to an inventor for a new invention, allowing him to exclude others from making, using, selling, or importing the invention for a period of 20 years.

Definition —

 According to sec 2(1)(j) of the Patents Act, 1970 "Invention" means a new product or process involving an inventive step and capable of industrial application.

 

Essential Conditions of Patentability-

 1) Novelty (new invention) -

 The invention must be absolutely new.

Reference. Case-

What is already known can't be patented.

2) Inventive step (non-obviousness)-

Sec 2(1) (ja)-

and should not be obvious to a person skilled in the art.

Example-

→Adding a handle to an already existing cup is OBVIOUS.

→Developing a self-heating smart cup is INVENTIVE.

Test-

Technical advancement + Economic significance + Not obvious = Inventive step

Reference. Case-

3) Industrial applicability-

Sec 2(1) (ac)-The invention must be capable of being made or used in an industry.

4) Utility-

The invention must provide a useful result.

Example-

A machine claiming perpetual motion without scientific proof lacks utility.

5) Patentable subject matter-

The invention must not fall under sec 3 & sec 4 of the Patents Act, 1970.

Section 3: — What are not inventions-

Section 4 - No patent can be granted for inventions relating to atomic energy.

6) Enhanced Efficacy Test-

Sec 3(d)- A new form of a known substance is not patentable unless it shows enhanced efficacy.

Reference Case –