The Patents Act, 1970, enacted on September 19 of 1970 and effective from April 20, 1972, is a pivotal piece of legislation in India’s intellectual property framework. Replacing the Indian Patents and Designs Act of 1911 it was shaped by the recommendations of the Ayyangar Committee led by Justice N. Rajagopala Ayyangar in order to align patent law with India’s socio-economic needs. The Act aims to foster innovation by granting inventors exclusive rights to their creations for a limited period which is typically 20 years thereby incentivizing technological advancement while ensuring public access to new knowledge. This article provides the definition of invention under Patents Law. It explores each criterion in detail supported by examples and judicial interpretations and discusses non-patentable subject matter to offer a holistic understanding of patentability in India.
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Definition of Invention under Patent Law
The heart of the Patents Act is defining what counts as an invention, the kind of thing that can be patented. According to Section 2(1)(j) of the Act, an invention is
"A new product or process that involves an inventive step and can be used in an industry."
This definition means an invention must meet three key requirements to qualify for a patent
It must be new (not already known or used by anyone before).
It must have an inventive step (it’s not something obvious to someone skilled in the field).
It must be industrially applicable (it can be made or used in some kind of industry).
Additionally, Section 3 of the Act lists things that cannot be patented, ensuring that only significant and appropriate inventions get protection. These requirements and exclusions are the foundation of patent law in India, as they define what deserves patent protection and what doesn’t.
Let’s break down each requirement in simple terms along with examples and court rulings to make it clearer.
1. Novelty (It Must Be New)
The first requirement is that the invention must be new. This means it hasn’t been shown, described, or used by anyone in the world before the date you file your patent application. This patent novelty rule applies globally, so even if something was only disclosed in another country, it’s not considered new.
This rule ensures that patents are only given for truly original ideas. It rewards people who come up with something new instead of copying what’s already out there.
The Indian Patent Office looks at all kinds of public information like existing patents, scientific articles, or even product manuals worldwide to see if your invention is already known. If they find it (or something very similar) in these sources, called prior art, your invention might not be considered new unless it has a unique twist or combination.
For example: Imagine you invent a new kind of bicycle wheel. If someone else already described a similar wheel in a patent last year, your wheel isn’t new. But if your wheel has a special feature that no one has ever mentioned before, it could still be considered new.
In order to protect your idea, you need to file your patent application before sharing it with anyone publicly. This ensures your invention stays new.
2. Inventive Step (It Must Be Non-Obvious)
The second requirement, explained in Section 2(1)(ja), is that the invention must have an inventive step. This means it must involve a creative leap that’s either a technical improvement over what’s already known or has economic value (like saving money or creating new market opportunities). It also must not be obvious to someone with average expertise in that field at the time of filing.
The invention can’t just be a small tweak that anyone in the field would think of. It needs to be a significant step forward, either technically or economically.
Who Decides If It’s Obvious: The Patent Office imagines a “person skilled in the art”a hypothetical expert with average knowledge in the field. If this person would find your invention obvious based on what’s already known, it doesn’t qualify.
For example: If you create a new type of battery that lasts twice as long, that’s a technical advance. Or if your invention saves a lot of production costs, it might have economic significance. But if it’s just a slight variation of an existing battery that anyone could have thought of it’s not inventive enough.
Indian courts have helped clarify what counts as an inventive step through various rulings ensuring the invention is a meaningful contribution.
3. Industrial Application (It Must Be Usable in Industry)
The third requirement, outlined in Section 2(1)(ac) is that the invention must be capable of being made or used in an industry. This includes industries like manufacturing, agriculture or technology.
The invention has to have a practical use; it can't just be an idea or theory. It doesn’t need to be in production already, but it must be something that could be used in an industrial setting.
For example: A new chemical compound that can be made for use in manufacturing meets this requirement. But something like a perpetual motion machine (which can’t work because it breaks the laws of physics) wouldn’t qualify because it’s not practically usable.
This ensures that patents are granted for things that can contribute to industry and the economy, not just for abstract concepts or curiosities.
Also, Get to Know About Infringement of Geographical Indication.
Things that Cannot be Patented (Non-Patentable Subject Matter)
While Section 2(1)(j) defines what an invention is, Section 3 lists things that don’t count as inventions and can’t be patented. This is to keep certain types of knowledge or practices freely available to everyone. Here are some key examples of non-patentable things
Section | Non-Patentable Subject Matter | Explanation |
3(a) | Frivolous inventions or those against natural laws | Things like perpetual motion machines that defy physics can’t be patented. |
3(b) | Inventions harmful to public order or morality | Inventions that could harm people, animals, or the environment are not allowed. |
3(d) | New forms of known substances without improved effectiveness | For example, discovering that paracetamol relieves pain isn’t patentable it’s just a discovery, not an invention. |
3(e) | Simple mixtures of known substances | Combining things without a new effect (like mixing sugar and water) isn’t patentable. |
3(i) | Methods of agriculture or horticulture | Traditional farming techniques can’t be patented to keep them accessible. |
3(j) | Plants and animals (except microorganisms) | Naturally occurring plants or animals can’t be patented, but genetically modified microorganisms might be. |
3(p) | Things like herbal remedies based on cultural knowledge can’t be patented to protect heritage. |
Why do these Exclusions Exist?
These rules prevent people from patenting basic knowledge, abstract ideas, or things that belong to everyone, like traditional practices. For example, in the case of Aphali Pharmaceuticals Ltd. vs. State of Maharashtra (1989), the Supreme Court emphasized that patents are for significant inventions that meet the Act’s standards, not for minor or harmful ideas.
Summary
The definition of an invention under the Patents Act, 1970, is designed to encourage creativity while making sure the public can benefit from new ideas. By requiring that an invention be new, have an inventive step and be industrially applicable, the law ensures that only meaningful advancements get patent protection. The exclusions in Section 3 prevent the monopolization of basic knowledge or culturally important practices. This framework is crucial for inventors, patent lawyers and policymakers. It promotes originality and practical usefulness and so, fostering a culture of innovation while ensuring that society can access the benefits of new technologies.
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Definition of Invention under Patent Law: FAQs
Q1. What is the definition of invention under Patent Law?
An invention is a new product or process that involves a creative step and can be used in an industry, as per Section 2(1)(j) of the Patents Act, 1970.
Q2. What is the best definition of an invention?
The best definition is a new, non-obvious product or process that has practical use in an industry, balancing innovation with utility, as outlined in the Patents Act, 1970.
Q3. What is the legal definition of an invention?
Legally, it’s a new product or process with a creative step and industrial applicability, as defined in Section 2(1)(j) of the Patents Act, 1970.
Q4. What is considered a new invention under the Patents Act, 1970?
A new invention is a product or process that is novel, involves a creative step, and can be used industrially.
Q5. What is the simple definition of an invention?
An invention is a novel, non-obvious product or process with industrial utility.
