Patents, in Today’s World can be seen as an indispensable tool for protecting scientific inventions as well as fostering research and development yielding in ultimate development of a Nation. A Patent can be described as an exclusive right provided for a particular invention, that is, process or product that generally provides an absolutely new method of doing something, or provides a completely new technical solution for a problem.
Principally, if a Patent is granted to you, you will have the exclusive right of stopping or preventing others from obtaining commercial benefits from the Patented invention.
A Patent protection essentially means that your invention cannot be made, sold, utilized, imported, exported, or distributed by other people or organizations without your express consent under the protected Jurisdiction.
In India, Patents are granted for inventions which culminate in a product or process. Mere abstract theories or mathematical formulae are kept out of the purview of Patenting in India. Also computer programs ‘per se’ cannot be Patented in India, as they are considered to be Copyrights in India.
What are some of the Patentable inventions? This is a question that troubles many people. When you come to us, we will give you a comprehensive answer to the question.
Patent rights can be given for inventions in any technological field, regardless of whether it is a nanotechnology chip or a kitchen utensil. It can either be a product or a process, like a chemical compound or the process of making that chemical compound respectively.
As a matter of fact, most products contain several inventions. A laptop, for instance, can comprise of multiple inventions that seamlessly work together.
Any invention which is considered to be contrary to public life, health or immoral, hazardous to public life or destructive in nature, etc. cannot be a subject matter of Patenting in Indian context. Also, mere admixture of existing substances cannot come under the ambit of Patenting in India. As far as software and business solutions are concerned, an invention that only consists of a computer program, method of conducting business, scheme or rule is not technical in nature. For this reason, no Patent rights can be obtained.
In the field of biotechnology, techniques of human cloning are non-Patentable because they are unethical.
In medicine, it is possible to obtain Patent rights for products or pieces of equipments used in the practice. However, it is impossible to Patent the methods of diagnosis themselves. It would be unfair to bar doctors from preventing or treating illnesses simply because of Patent rights.
Additionally, you cannot obtain a Patent for an invention that contravenes morality or public order.
Other non-Patentable inventions include; Atomic Energy, artistic creations, theories and principles, mathematical algorithms or models, schemes or plans as well as abstract intellectual mental processes and concepts.
Bizrights IP can help you identify inventions that cannot be Patented.
REQUIREMENTS FOR PATENTABILITY IN INDIA
In India, you can only obtain a Patent if your invention is:
- Statutory subject matter
Statutory Subject Matter
An invention can only be Patented if it is a process, a composition of matter, a machine or an article of manufacture.
An invention must have an element of newness or novelty in order for it to be Patented. Therefore, if certain disclosures about it have already been made in public, Patent rights cannot be granted.
According to India’s Intellectual Property Law, it is mandatory for the subject matter of an invention to be useful.
An invention can only be Patented if it is a non-obvious improvement or enhancement over a previously existing matter.
It is important for you to get in touch with Bizrights IP IP before applying for a Patent in India or any other country across the world. This is because we will help you understand what the requirements are.
TYPES OF PATENTS
Are you aware that there are several types of Patents offering varying kinds of protection, and they cover different kinds of subject matter?
Given that Bizrights IP are experts in the field of Intellectual Property, we can help you have a clear understanding of the different types of Patents.
They can be broadly classified into the following:
- Utility Patent
- Design Patent
- Plant Patent
Utility Patent: Can be granted to you if you invent a novel and useful process, composition of matter, machine or manufacturing process. It gives you permission to exclude other parties from making, selling or utilizing the invention for up to 20 years from the Filing Date or Priority Date.
Design Patent: Is granted for a novel, ornamental, and absolutely original Design embodied in a manufacture article.
Plant Patent: Is given for an absolutely new and distinctive, discovered or invented asexually-produced plant like cultivated sports, hybrids and mutants.