KNOWLEDGE BASE PATENT SERIES

What Makes an Invention Patentable in India?

This is an important question every inventor should understand.

Many inventors believe that having a good idea automatically qualifies them for a patent. But in reality, this is not how patent protection works in India. Under Indian Patent Law, every invention must pass specific legal and technical tests before it can be granted a patent. Understanding these basics early can save time, money, and disappointment.

So, what actually makes an invention patentable in India? Inventor must know:

Key factors to keep in mind when determining whether an invention is patentable in India

1.      Novelty – The Invention Must Be New

An invention must be completely new at the time of filing. It should not be disclosed anywhere in the world, including:

• Published patents or research papers

• Public demonstrations or commercial sales

• Blog posts, presentations, or social media posts

Inventor must know that the inventor’s own public disclosure before filing can destroy novelty.

2.      Inventive Step – It Must Not Be Obvious

It is very important to work on technical advancement of invention that is not obvious to a person skilled in the relevant field.In simple terms, inventive step means, the inventor is solving problem in unique and different ways. Accordingly, Indian examiners follow to examine the invention strictly, especially in mechanical, software, and electronics inventions.

3.      Industrial Applicability – It Must Be Useful

Inventor must know that which problem solved by his, the invention must be: Capable of being made or used in an industry and also able to produce a practical result. If an invention is only a theory or an idea without real-world application, it is not patentable in India.

Final Thought of this Article:

Applicant/Inventor should understand that patentable invention in India is not just about having a great idea-it’s about how new, non-obvious, useful, and well-documented that idea is under Indian Patent law.

If you’re an inventor, startup, or researcher, early patent strategy and proper drafting matter as much as the invention itself.

Coming Next:

Which inventions do NOT fall under “Patentable Subject Matter” in India? (Section 3 explained in the next Knowledge Base article)