Patent Your Inventions. Secure Your Legacy.
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.
Novelty is an important criterion in determining patentability of an invention. Novelty or new invention is defined under Section 2(l) of the Patents Act as “any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art”. Simply put, the novelty requirement basically states that an invention should never have been published in the public domain. It must be new with no same or similar prior arts.
Inventive step is defined under Section 2(ja) of the Patents Act as “a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art”. This means that the invention must not be obvious to a person skilled in the same field as the invention relates to. It must be inventive and not obvious to a person skilled in the same field.
The foremost consideration is to determine whether the invention relates to a patentable subject-matter. Sections 3 and 4 of the Patents Act list out non-patentable subject matter. As long as the invention does not fall under any provision of Sections 3 or 4, it means it has patentable subject matter (subject to the satisfaction of the other criteria).
What are you waiting for? Patent your inventions now!