- Research/Scholar Paper name – Patentability: Eligibility Criteria in India
- Author: Prachi Behl
- Institution: Amity University, Noida
- Affiliation: Centre for the Study of Contemporary Legal Issues, Centre for Technology Law & Centre for the Study of Dispute Resolution
- Date of Publication: 14/04/2021
This paper is an attempt to understand the concept of patentability along with the criteria established to grant a patent to an invention. There, is no sort of definite list as to what can be patented. Though there are, certain criteria that are required to be met so that an invention can be patentable. The patentability of an invention is determined by the ability of the invention to meet the criteria.
Before looking into the criteria, it is pertinent to understand the meaning of invention and the term patented. As per the provisions of Section 2(j) of the Indian Patents Act, 1970, the term invention means a new product or process which involves the presence of inventive step and ability of industrial application. The invention that is protected under the patent law is called patented.
Under the Indian Patents Act 1970, the requirements and elements of patentability have not been laid out in an organised manner. Though the definitions have those requirements at a general level, yet finding specifics of certain requirements requires more effort than expected.
Patentability requirements may be viewed as steps laid down for purposes of analysing the patentability of inventions. Inventions that pass through all these steps will only be eligible for grant of a patent, and those that are unable to match with the steps will be refused.