Article on Patent



Patent, is a legal document granted by the government giving an inventor the exclusive right to make, use, and sell an invention for a specified number of years. The basic idea of this system is to encourage the inventors to safeguard their own creations.

Patent protection is a territorial right and therefore it is effective only within the territory of that particular country where you get your patent registered.


  1. NOVELTY- Subject matter must be novel and one of its kind. This means that the particular invention must be new and there should not be any existential trace of it. The invention should not be known prior to the filing date of the patent application, anywhere in the world, in any form. Once an invention has been disclosed, it can no longer be protected.
    2. INVENTIVENESS- The subject matter must be unique and inventive in itself.
    3. INDUSTRIALLY APPLICABLE- The subject matter must have some utility or usefulness. It should add value to the life of the common man and it must not benefit or support the use of illegal things or must not be used for any immoral purpose.


  • Any Invention which is frivolous or which claims anything obviously contrary to well established natural laws is not patentable.
  • Inventions which are contrary to public order or morality is not patentable.
  • An idea or discovery cannot be a subject matter of a patent application.
  • Inventions pertaining to known substances and known processes are not patentable i.e. mere discovery of a new form of a known substance which does not enhance the known efficacy of that substance is not patentable.
  • An invention obtained through a mere admixture or arrangement is not patentable.
  • A method of agriculture or horticulture cannot be subject matter of patent.
  • A process involving medical treatment of human and animals or to increase their economic value cannot be subject matter of a patent.
  • Plants and animals in whole or in part are not patentable.
  • A mathematical or business method or a computer program per se or algorithms is excluded from patent protection.
  • Matters that are subject matter of copyright protection like literary, dramatic, musical, or artistic work is not patentable.
  • Any scheme or rule.
  • Presentation of information
  • Traditional knowledge.
  • Inventions relating to atomic energy.


An invention is written as a patent application and filed at the Indian Patent Office along with the prescribed forms and prescribed fees.

India’s patent office has five branches i.e. Kolkata, Mumbai, Delhi, Chennai and Ahmedabad. Each patent office has jurisdiction over some states. An application can be filed in any one of them. The criteria to determine the appropriate patent office where the patent application should be filed depends on the place of residence or business of the applicant, place where the invention originated or the address of service in India if there is no place of business or domicile in India. A foreign applicant is required to give an address for service in India if there is no place of business or domicile in India.


Before filing of the Patent Application 2 steps are essential to achieve exclusivity-

  1. PATENT SEARCH- The invention should be unique and non-obvious to get registered. It can be checked across globe through paid search engines.
  2. DRAFTING OF SPECIFICATION AND CLAIMS- Complete specification in the prescribed format. The specification must describe the best method of performing an invention.