What All Criteria My Invention Must Have to Be Patented in India?

What All Criteria My Invention Must Have to Be Patented in India? This article deals with the basic questions of patentability criteria, which an Invention must have, in order to win a patent in India. The article will address the questions of whether you have the invention worth patent protection in India or not have to address various inquiries before receiving patent in India.  It will also deal with the extent of information required about the invention, so that a person with a similar skill set can duplicate the invention without any difficulty.

Answer the simple questions

  • Does your invention come under section 3 and 4 of the Patent Act 1970?
  • Is your invention novel?
  • Does it have an inventive step or is it non-obvious?
  • Does it have an Industrial application? What are it industrial application?

If your response to first question is NO and to last three questions is YES!!! Then you should proceed with the patent filing process.

About patentability criteria

According to Indian patent Act, any invention or technology either a product or process which has not been published anywhere in the country or world before and at the date of filing of the patent application along with complete specification, which means that the subject matter is not used by the public and does not exist as prior art can be called a new invention.

Similarly inventive step in invention means that the invention has a feature which involves technical advances when compared to the existing prior art or having economic value or both. These entire features make an invention non-obvious to a person of similar skills. Moving on to Industrial applicability, an invention must have an industrial application. It means that the subject matter of the invention must have a utility in the any kind of industry.

For a list of invention falling under the section 3 and 4 of the Patent Act 1970, read article whether an invention is patentable or not ?

Also documents required for the process filing a patent application in India are

  • Declaration as to inventor-ship
  • Statement and Undertaking
  • Proof of right to make an application
  • The authorization of agent

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Bursting Myths about Indian Patent System

If you believe that your invention fulfills all the criteria of obtaining a patent protection and you want to document the application.  Further, you may be interested in reading article on Patent filing procedure in India. Also visit our website for professional help– Your Patent Team https://yourpatentteam.com for more details and services about patent filing.

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