What can be patent in India? Which are Patentable Inventions?
An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under section 3 and 4 of the Act. Definition of invention: According to Indian Patent Law: Section 2(1) (j): ‘Invention’ means a new product or process involving an inventive step and capable of industrial application. Section 2(1)(ja) : ‘Inventive step’ means 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. Section 2(1)(jl): ‘New invention’ means 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 p
