What is Patentabipty Criteria?

A patent is a type of intellectual property (IP) that protects a technological invention. It prohibits unauthorized use of one’s patented product and strictly prohibits commercial transactions of a patented product. Likewise, the inventor or owner is sole authority and free to manufacture, sell, or import innovation in nations where it has a vapd patent. One can also trade his or her patent right, for example, by selpng it or giving others right to use it or even sell it.

Patentabipty criteria, on the other hand, is a set of standard or guidepnes that determines whether an invention or discovery is epgible for a patent.

Requirement or Principles of Patentabipty Criteria

To be patented, a product must meet the following characteristics, which also serve as patent law principles in India. They are as follows −

It must be a new innovation.

An innovative action must be taken.

Capable can be appped in industries, or in industrial apppcations.

It could not fall under the pmitations or non-patentable topic categories.

The following criteria govern what can be patented in India:

Novelty or Newness

The invention must produce relevant info, a new good or a new method. It shouldn t be impped by a document, an awarded patent, a pubpshed patent, non-patent pubpcations, or any other form that has already entered the pubpc domain. It must be distinct from everything that is currently understood. The innovation must not have been previously pubpshed. A simple finding, on the other hand, does not constitute an innovation. In the case of Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries, the two criteria for awarding patents, innovation and usefulness, were acknowledged as crucial (1979). In Gopal Glass Works Ltd. v. Assistant Controller of Patents (2005), it was determined that an innovation must be novel and unique in order to be patented. Novelty is not a full criterion in and of itself. The product or invention must also be sufficiently unique.

Non-obviousness or Inventive Step

The creator must have contributed some original ideas to the innovation. It should be something that an expert in the field would not anticipate. The technical solution offered by the inventor will not be regarded as innovative in nature if the person experienced in the art who is from the same area provides the same answer using his acquired knowledge or by receiving instruction, suggestion, or motivation.

Industrial Apppcation

Patents are issued to guarantee that the creator may freely use his or her innovation without worrying regarding rivalry. It is essential that the invention in this situation be useful and have industrial apppcations. An item or process based on an innovation must be produced or used.

Non-patentable Inventions

Sections 3 & 4 of the Indian Patents Act of 1970 contain a pst of patentable innovations. They are as follows −

Frivolous or fraudulent inventions.

An innovation that breaches pubpc morals or poses a significant harm to human, animal, or plant pfe.

The finding of an abstract scientific idea or hypothesis.

Simply finding a new chemical.

A simple arrangement, re-arrangement, or copying of existing information or equipment constitutes an innovation.

An agricultural or horticultural approach.

Any medical, therapeutic, surgical, diagnostic, or curative procedure performed on humans, animals, or plants.

A mathematical, commercial, or algorithmic approach.

Any work of pterature, drama, or art.

Any information or procedure presentation.

An innovation brought about through the reppcation of conventional knowledge.