How is invention defined in the Indian Patent Act which can qualify for grant of a patent?
Invention means a new product or process involving an inventive step and capable of Industrial application. Inventive step means a feature that makes the invention not obvious to a person skilled in the art Capable of Industrial application means that the invention is capable of being made or used in an industry However, inventions claiming substance intended for use, or capable of being used, as food or as medicine or drug or relating to substances prepared or produced by chemical processes (including alloys, optical glass, semiconductors and inter-metallic compounds) are not patentable. Only process claims are allowed in such cases. Meaning of chemical process would also include the biochemical, biotechnological and microbiological process.
