What is the Criteria to Grant Patents?

In today’s fast-changing world, ideas and inventions are like gold. If you create something new, whether it is a product, a machine, or even a process that makes life easier, you naturally want to protect it. This is where patents come in.

A patent is a legal right given to you as the inventor. It gives you control over how your invention is used. Once granted, no one else can make, use, sell, or distribute your invention without your permission. In India, patents are governed by the Patents Act, 1970, and the amendments of 2002 and 2005.

But here is the big question: not every idea or discovery can be patented. There are specific criteria that an invention must meet before it is granted patent protection. Understanding these criteria is important for inventors, researchers, law students, and anyone interested in intellectual property.

In this article, we will explain in simple terms what the criteria are to grant patents in India, why they are important, and how they are applied in practice.

Why Do You Need Criteria for Patents?

You may wonder why patent laws do not allow everything to be patented. The answer is simple: patents are not just about rewarding inventors but also about protecting society’s interests.

• If there were no criteria, people could claim patents for common knowledge or natural things like air or water.
• Criteria ensure that only genuine inventions that push technology forward get protection.
• They strike a balance between private rights of inventors and the public interest in having access to useful knowledge.

The Main Criteria to Grant a Patent in India

To get a patent in India, your invention must pass three major tests and satisfy some additional requirements under the law. These are:

1. Novelty (Newness)
2. Non-obviousness (Inventive Step)
3. Utility (Industrial Application)
4. Not falling under non-patentable subject matter

Let us understand each in detail with simple examples.

Novelty – The Invention Must Be New

The first and most basic requirement for a patent is that your invention must be new.

• According to Section 2(1)(l) of the Patents Act, 1970, a “new invention” means something that has not been anticipated by prior publication, prior use, or prior knowledge.
• In simple words, your invention should not already exist in the public domain anywhere in the world.

Example of Novelty

• If you create a machine that makes chapatis faster using a special rolling system, and no such machine has been made or published before, your invention is considered new.
• But if someone else has already published an article or filed a patent application for the same idea, then your invention is not new.

As an inventor, you must check prior art (existing patents, publications, and products) before filing.

Non-obviousness – The Invention Must Have an Inventive Step

Even if your invention is new, it also needs to show creativity. The law calls this the “inventive step”.

• Under Section 2(1)(ja) of the Act, an inventive step means a feature of the invention that involves technical advancement or has economic significance, making it not obvious to a person skilled in the field.
• In simple words, your invention should not be something that any skilled person in that area could easily think of.

Example of Inventive Step

• Imagine you design a mobile phone that has a foldable screen. This may be new, but if it is something an ordinary mobile engineer could have thought of by combining two existing technologies, then it may be rejected as obvious.
• But if your foldable phone uses a unique hinge system that reduces breakage, which no one in the field has thought of, then it shows an inventive step.

So, if you are applying for a patent, you should be able to show how your invention is different and better than existing solutions.

Utility – The Invention Must Be Useful

A patent is not granted for something that is only theoretical. The invention must have a practical use.

• According to Section 2(1)(ac), the invention must be capable of industrial application.
• This means your invention should be able to be made or used in an industry.

Example of Utility

• If you invent a new type of engine that saves 20% fuel, it clearly has industrial application.
• But if you just write a formula for a faster engine without showing how it can actually be built, it may fail the utility test.

Always ensure that you can demonstrate the practical benefits of your invention.

Invention Must Not Fall Under Non-Patentable Subject Matter

Even if your invention is new, inventive, and useful, it cannot be patented if it falls under the list of non-patentable inventions in Sections 3 and 4 of the Patents Act.

Non-Patentable Inventions in India include

• Discoveries of natural substances, scientific principles, or abstract theories.
• Methods of agriculture or horticulture.
• Business methods, mathematical formulas, and computer algorithms.
• Medical, surgical, or therapeutic methods of treating humans or animals.
• Inventions that are against public morality or harmful to life.
• Traditional knowledge or simple duplication of existing knowledge.

For example, you cannot patent a new yoga posture or a formula for calculating taxes.

Additional Requirements

Apart from the main criteria, there are some procedural and legal requirements that must be met:

• Clear and sufficient disclosure: You must explain your invention in detail in the patent application so that others skilled in the field can understand it.
• Single invention or linked group of inventions: You cannot include completely unrelated inventions in a single application.
• Payment of fees: You must pay the prescribed filing and renewal fees to keep the patent valid.

Grounds of Opposition

Even if your patent is granted, it can be challenged by others. Under Section 25 of the Patents Act, patents can be opposed on grounds like:

• The invention was already published (lack of novelty).
• The invention is obvious.
• The invention is not useful.
• The applicant did not disclose foreign patent applications.
• The invention falls into the category of non-patentable subject matter.

This means as an inventor, you must be very careful in preparing your application.

Patentability Criteria under WIPO

At the international level, the World Intellectual Property Organization (WIPO) also recognises similar conditions for patents:

• Novelty – The invention must be new.
• Inventive Step – It must not be obvious.
• Industrial Application – It must be useful and practical.
• Patentable Subject Matter – It must fall under categories that can be patented.
• Full Disclosure – The application must provide clear information about the invention.

These conditions are similar to Indian law and help in harmonising patent systems across the world.

Why Are These Criteria Important for You?

If you are an inventor, researcher, or student, knowing these criteria helps you in several ways:

• You save time and money by applying only for inventions that qualify.
• You can draft stronger applications by highlighting novelty, inventive step, and utility.
• You can avoid mistakes like trying to patent non-patentable ideas.
• You can protect your innovation from being copied unfairly.

Conclusion

Patents are powerful tools to protect your inventions and encourage innovation. But you must remember that not every idea qualifies for a patent. In India, the key criteria to grant patents are:

• The invention must be new.
• It must involve an inventive step (not obvious).
• It must have utility (industrial application).
• It must not fall under non-patentable categories.

By meeting these requirements, you not only secure your intellectual property rights but also contribute to the growth of science, technology, and industry in India.

So, the next time you think of applying for a patent, ask yourself: Is my invention new, inventive, useful, and eligible? If the answer is yes, you are on the right track.