Patentability Criteria in India: A Comprehensive Guide

In the realm of Intellectual Property Rights (IPR), patents play a pivotal role in fostering innovation and economic growth. A patent provides an exclusive right to an inventor for a limited period, offering protection for their invention from being made, used, sold, or imported by others without their consent. In India, the patentability of an invention is governed by the Patents Act, 1970.

This article provides a comprehensive understanding of the patentability criteria in India, focusing on the three key requirements: novelty, inventive step, and industrial application.

Understanding and Analyzing Patentability Criteria in India

Novelty

Novelty, or newness, is the fundamental requirement for an invention to be patentable. It implies that the invention has not been disclosed to the public in any form, anywhere in the world, before the date of filing the patent application.

Examples of Novelty:

1. An invention of a new renewable energy technology could be considered novel if no such technology has been disclosed before.
2. A new pharmaceutical compound for treating a specific disease would be novel if it has a different structure.
3. A novel method for data encryption would be considered novel if it provides a unique way of encrypting data that hasn’t been disclosed before.

Novelty assessment – Assessing novelty in patent applications involves examining “prior art,” which encompasses all public information related to the invention before the patent application’s filing date. This process ensures the invention hasn’t been previously disclosed, maintaining the patent system’s integrity by granting patents only to truly new inventions. Prior art can include patents, academic literature, public presentations, or any form of public disclosure.

Inventive Step

An inventive step, also known as non-obviousness, is a criterion that the invention should not be obvious to a person skilled in the relevant field of technology. This means that the invention must demonstrate a technical advancement or have an economic significance over existing knowledge.

Examples of Inventive Step:

1. An improvement to existing technology that is not obvious to a person skilled in the art, such as a unique method for improving battery life in electric vehicles.
2. A unique algorithm for improving search engine results could be considered as having an inventive step if it provides a non-obvious enhancement over existing algorithms.
3. A non-obvious design improvement in a mechanical device, like a unique arrangement of gears in a gearbox, could be considered as having an inventive step.

Inventive step assessment – The assessment of an inventive step, or non-obviousness, gauges if the invention extends beyond the ordinary capabilities of a person skilled in the relevant field. It’s not just about being new (novel), but also not being an obvious modification or improvement of existing knowledge. This assessment prevents granting patents for trivial advancements and ensures protection for truly innovative ideas.

Industrial Application

Industrial application refers to the requirement that the invention should be capable of being made or used in some kind of industry. The term “industry” is interpreted in a broad sense, which could include agriculture, manufacturing, services, and more.

Examples of Industrial Application:

1. A new manufacturing process that can be used in the automobile industry, such as a novel method for assembling car parts, would meet the industrial application criterion.
2. A novel method for waste management in large-scale industries, such as a unique recycling process, would have industrial application.
3. A new technology for improving efficiency in solar power plants, such as a novel type of solar cell, would be considered to have industrial application.

Industrial Application assessment – Assessing industrial application in patent applications involves verifying if the invention can be applied or used in any industry. This criterion ensures that the invention has practical utility or functionality, rather than being a mere abstract idea or theoretical concept. It can include manufacturing processes, technological improvements, or new physical products, among others.

Understanding the Patent Examination Process

Once a patent application is filed, it undergoes an examination process where the patent examiner assesses the invention against these patentability criteria. The examiner conducts a thorough search of the prior art, prepares an examination report based on these three patentability criteria and raises an objection.

Evaluating Patentability Criteria: Examples

In this section, we will evaluate three different inventions against the patentability criteria of novelty, inventive step, and industrial application.

Example 1: A New Renewable Energy Technology

The Invention: A technology that harnesses wind energy using a unique aerodynamic design to increase efficiency.

Existing Technologies: Traditional wind turbines that use standard blade designs.

Novelty: The technology is novel as it presents a new method of harnessing wind energy using a unique aerodynamic design that has not been disclosed before.

Inventive Step: The technology involves an inventive step as it presents a unique mechanism for energy generation that is not obvious to a person skilled in the field of renewable energy technologies.

Industrial Application: The technology has industrial application as it can be used in the energy industry for generating renewable energy.

Example 2: A Unique Algorithm for Improving Search Engine Results

The Invention: An algorithm that uses artificial intelligence to improve the relevance of search engine results.

Existing Technologies: Traditional search algorithms that use keyword matching.

Novelty: The algorithm is novel as it presents a new method of improving search engine results using artificial intelligence that has not been disclosed before.

Inventive Step: The algorithm involves an inventive step as it presents a unique method for data processing and retrieval that is not obvious to a person skilled in the field of data science or information retrieval.

Industrial Application: The algorithm has industrial application as it can be used in the IT industry for improving the efficiency and accuracy of search engines.

Example 3: A New Manufacturing Process for the Automobile Industry

The Invention: A manufacturing process that uses robotics to assemble car parts, improving speed and precision.

Existing Technologies: Traditional assembly lines that rely heavily on manual labor.

Novelty: The manufacturing process is novel as it presents a new method of assembling car parts using robotics that has not been disclosed before.

Inventive Step: The manufacturing process involves an inventive step as it presents a unique method for car assembly that is not obvious to a person skilled in the field of automobile manufacturing.

Industrial Application: The manufacturing process has industrial application as it can be used in the automobile industry for assembling cars.

These case studies illustrate how different inventions can be evaluated against the patentability criteria. It’s important to note that the actual evaluation of these criteria would be performed by a patent examiner during the patent examination process.

Exceptions to Patentability

The Patents Act, 1970, which governs the patentability of inventions in India, also outlines certain exceptions. These exceptions, detailed in Section 3 and 4 of the Patents Act, are subjects that are not patentable in India, even if they meet all other patentability criteria.

Examples of Exceptions to Patentability:

1. Frivolous Inventions or Contrary to Well Established Natural Laws (Section 3(a)): An invention that claims anything contrary to well established natural laws or a method of agriculture or horticulture are not patentable. For instance, a perpetual motion machine, which defies the law of conservation of energy, would not be patentable.
2. Inventions that are Obvious or Do Not Possess Significant Technological Advancement (Section 3(d)): An invention that does not result in enhanced efficacy of a known substance would not be patentable. For example, a new form of a known substance which does not result in the enhancement of the known efficacy of that substance is not patentable.
3. Mathematical or Business Methods or Algorithms (Section 3(k)): Pure mathematical methods, business methods, or algorithms are not considered patentable. For instance, a new method of doing business or a mathematical formula would not be patentable.
4. Literary, Dramatic, Musical, or Artistic Works (Section 3(n)): These are covered under copyright law and are not patentable. For example, a novel, a song, or a painting cannot be patented.
5. Inventions Relating to Traditional Knowledge (Section 3(p)): Inventions which are an aggregation or duplication of known properties of traditionally known component or components are not patentable. For example, a medicinal composition comprising turmeric and honey, both of which are known for their healing properties, would not be patentable.
6. Inventions Contrary to Public Order or Morality (Section 3(b)): Inventions that are contrary to public order or morality or which cause serious prejudice to human, animal or plant life or health or to the environment are not patentable.
7. Mere Discovery of a Scientific Principle (Section 3(c)): Any discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature is not patentable.
8. Mere Discovery of a New Property of a Known Substance (Section 3(d)): The mere discovery of a 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 is not patentable.
9. Inventions Relating to Atomic Energy (Section 4): Any invention which is useful for or relates to the production, control, use or disposal of atomic energy or radioactive substances is not patentable.
10. Plants and Animals in Whole or Any Part Thereof (Section 3(j)): 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 are not patentable.

For a complete understanding of the exceptions to patentability, it is recommended to refer to Sections 3 and 4 of the Patents Act, 1970.

Common Mistakes and Misconceptions

When navigating the patent application process, it’s crucial to avoid common mistakes and misconceptions about patentability criteria. Here are a few key points to remember:

1. Novelty is not just a new use of a known product: A common misconception is that simply finding a new use for a known product or process qualifies as novelty. However, novelty requires the invention to be entirely new. A new use may contribute to an inventive step, but it does not make the invention novel.
2. Commercial success does not demonstrate an inventive step: Another common mistake is equating commercial success with an inventive step. While commercial success might indicate that an invention is useful, it does not necessarily mean that the invention is non-obvious. An inventive step requires the invention to be non-obvious to a person skilled in the relevant field.
3. Industrial application is not just about manufacturing: Industrial application doesn’t just refer to the ability to manufacture the invention. It also includes the ability to use the invention in any kind of industry, including agriculture.
4. Not all inventions are patentable: Even if an invention meets all the patentability criteria, it might still not be patentable. Certain subjects, such as mathematical methods, business methods, or methods of medical treatment, are not patentable in India.

Understanding these points can help inventors avoid common pitfalls in the patent application process and increase their chances of obtaining a patent.

Frequently Asked Questions

1. What are the three requirements for patentability? The three requirements for patentability are novelty, inventive step, and industrial application. The invention must be new, non-obvious, and capable of industrial application.
2. What are the criteria for non-patentability in India? The criteria for non-patentability in India include inventions that are frivolous, obvious, a mere discovery of a scientific principle, a mathematical method, a business method, a computer program per se, a literary, dramatic, musical, or artistic work, or any invention which is harmful to human, animal, plant life or health, or which is prejudicial to the environment.
3. How is the inventive step determined for patentability in India? The inventive step is determined by assessing whether the invention would have been obvious to a person skilled in the art at the time of the invention. It involves a technical advancement or an economic significance over existing knowledge.
4. Can a software be patented in India? Software per se cannot be patented in India. However, if the software has a technical application to industry or is used with hardware, it may be patentable.
5. What is the role of prior art in assessing the novelty of a patent application in India? In India, prior art is essential in assessing a patent application’s novelty. It includes any public information related to the invention before the patent application’s filing date. If the invention is already disclosed in the prior art, it’s not considered novel and can’t be patented. Thus, examining prior art ensures patents are granted only to genuinely new inventions.

Understanding the patentability criteria and the exceptions to patentability is crucial for inventors, researchers, and businesses. It not only helps in securing patent rights but also plays a significant role in driving innovation and technological advancement in the country.