"Anything Under the Sun Made by Man"
or
“A new product or process involving an inventive step and capable of industrial application”
as per Indian patents act 1970.
Inventon is always something which is not used anywhere in the world or anticipated by anybody in any form such as publications, papers.
If invention falls under the public domain in any form or exist in any form it cannot be patentable.
Invention if has new inventive step and fulfills above criterion can be patentable.
Prior Art
Prior art is anything related to the field of invention and certain steps or end product is same as in prospective invention. We will see the possibilites of what constitutes prior art in seperate post in depth.
Non Obviousness
Invention is not considered as Non obvious or patentable if it is Obvious. Non obviousness is considered as something which might not be thought by non-inventive mind. We will see seperate post on Non-Obviousness of invention.
Inventive Step
Every invention or patent should have non obvious Inventive step. Invention is always considered fully in light of Inventive step only. Invention step can also be combination of known or obvious parts but for that to be non-obvious it should be shown that combining these elements is not obvious. This we will also explain in later posts via seperate post in detail.
General requirement of Patents
Patents cannot be granted for anything but they should fulfill certain general conditions, however these things varies as per applicable patents laws of the land.
But certain conditions can be common and it can be said that patents apart from other requirements should also fulfill certain conditions given below
- It must be useful,
- It should not be imaginary or mere speculation,
- It should have some scope for industrial use,
- It should not be frivolous,
- It should not be injurous to public health,
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