A patent grants inventors exclusive rights, fostering innovation by protecting new ideas. Under India's Patents Act, 1970, patentability hinges on novelty, inventive step, and industrial applicability, ensuring only deserving inventions achieve legal protection.
Introduction
A patent is a form of intellectual property granting the inventor exclusive rights to prevent others from producing, using, or selling their invention for a specific period. In exchange for this exclusivity, the inventor must disclose the invention publicly. The Indian Patents Act, 1970, under Section 2(m)[1], defines a patent as "a patent for any invention awarded under this Act." To understand patentability, one must first grasp the meaning of an "invention" as defined in Section 2(j)[2] of the Indian Patents Act, 1970: "a new product or process involving an inventive step and capable of industrial application." This definition underscores the importance of novelty, inventive step, and industrial applicability, key criteria for patentability.
The concept of patentable subject matter is integral to ensuring that only deserving innovations receive protection. While the Indian Patents Act does not explicitly use the term "patentable subject matter," it borrows heavily from global frameworks such as the US Patent Code and the TRIPS Agreement. Sections 3 and Section 4 of the Indian Patents Act, 1970[3] detail the exclusions to patentability, establishing clear boundaries for what qualifies as an invention.
Historical Context
The evolution of patent law in India began with the Indian Patents and Designs Act, 1911, which was later replaced by the Patents Act, 1970. The act's development was guided by the Ayyangar Committee, chaired by Justice N. Rajagopala Ayyangar. The committee recommended granting patents for inventions related to food, medicine, drugs, and chemicals. This historical framework laid the foundation for the patentability criteria that govern intellectual property rights in India today.
Patentability Criteria
1. Novelty
Novelty ensures that the invention is new and has not been disclosed or anticipated in any prior art. Section 2(1)(j)[4] of the Indian Patents Act, 1970 defines an invention as a "new product or process involving an inventive step and capable of industrial application." Additionally, Section 2(1)(I)[5] elaborates on "new invention" as one not anticipated by publication or prior use globally before the filing of a patent application.
To qualify as novel, an invention must differ significantly from prior art. For instance, mere modifications to existing technology without resulting in new outcomes may not be considered novel. A process anticipated by prior art may still be patentable if technological advancements result in unique outcomes. This criterion ensures that patents are granted only for inventions that contribute to the existing knowledge base.
2. Inventive Step (Non-Obviousness)
An inventive step signifies a technical advancement or economic significance that is not obvious to a person skilled in the relevant field. Section 2(1)(ja)[6] of the Indian Patents Act, 1970 describes an inventive step as a feature involving technical advancement over existing knowledge or economic significance, making the invention non-obvious.
For an invention to demonstrate an inventive step, it must surpass ordinary enhancements or rearrangements. The test for inventive step is subjective, requiring the adjudicator to assess the invention's merit from the perspective of an expert in the field. Judicial precedents, such as Windsurfing International v. Tabur Marine[7] and Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries[8], highlight the importance of distinguishing between prior art and claimed inventions. In both the cases the court applied the 4 step obviousness test, these steps are as follows: First, it is necessary to identify inventive steps in the form of prior usage, prior art, or prior knowledge; second, it is necessary to distinguish between known matter and a claimed invention by a skilled person; and third, it is necessary to establish inventive steps; Thirdly, it's crucial to develop or note distinctions between the aforementioned skilled person's asserted invention and Fourth, the degree of the innovation is required in order to gain the invention. Therefore, all authorities now recognize novelty as a requirement for patentability. The court also described the term "inventive step" as the combination of new outcomes. A new result or product must be produced for enhancements to be patentable. These cases established a structured approach for assessing inventive steps, emphasizing the need for clear technical advancements.
3. Industrial Applicability
Industrial applicability ensures that an invention can be manufactured or used in an industry. Section 2(1)(ac)[9] of the Patents Act, 1970, inserted by the Patents (Amendment) Act of 2002, defines industrial applicability as the invention being capable of being made or used in an industry. This criterion prevents speculative patents by requiring practical utility.
The Patent Cooperation Treaty (PCT) and the Paris Convention also emphasize the importance of industrial applicability[10]. The broad interpretation of "industry" includes agriculture and other sectors, ensuring that patents promote innovation across diverse fields. For instance, in Chiron Corp v. Murex Diagnostics[11], the court underscored that industrial application must have tangible commercial or productive benefits.
Non-Patentable Subject Matter
Sections 3 and 4 of the Patents Act, 1970 outline exclusions to patentability. Section 3 provides a general list of non-patentable subject matter, while Section 4 addresses inventions related to atomic energy.[12] Key exclusions include:
- Frivolous inventions or those contrary to natural laws.
- Discoveries of natural substances, abstract theories, or algorithms.
- Methods of agriculture, horticulture, or medical treatments.
- Traditional knowledge or inventions contrary to public morality.
These exclusions ensure that patents do not stifle innovation or harm societal interests.
Challenges and Future Directions
India's patent system faces unique challenges, particularly in balancing innovation with public welfare. The pharmaceutical sector exemplifies this tension, where strict patent criteria must coexist with affordable healthcare. As the Indian economy grows, the need for refined methods to assess inventive steps becomes critical. Policymakers must align patent laws with global standards while addressing domestic priorities, such as access to essential medicines.
Conclusion
Patentable subject matter and the associated criteria form the backbone of intellectual property law. By ensuring that only novel, inventive, and industrially applicable innovations receive protection, patent systems foster creativity and economic growth. India’s Patents Act, 1970, reflects a careful balance between encouraging innovation and safeguarding public interests. However, as technological advancements accelerate, continuous updates to the patent framework are necessary to address emerging challenges and maintain global competitiveness. For inventors, understanding and adhering to these criteria is crucial to securing patent protection and contributing to a thriving innovation ecosystem.
[1] Section 2(m) of the Indian Patents Act, 1970, s. 2(m).
[2] Id. at 2(j).
[3] Id. at ss. 3,4.
[4] Id. at 2(1)(j).
[5] Id. at 2(1)(I).
[6] Id. at 2(1) (ja).
[7] [1985] RPC 59.
[8] AIR 1982 SUPREME COURT 1444.
[9] The Patents Act, 1970, s. 2(1)(ac).
[10] The Patent Cooperation Treaty, Art. 33.
[11] [1996] RPC 535.
[12] Supra at 3.
