Last Updated on April 10, 2026
Intellectual property scope is ever-increasing and expanding over time and technology. Intellectual property includes patents, trademarks, copyrights, and industrial designs. Whenever anyone comes out with a new idea, technology, or invention, they always attempt to obtain rights and protection for that invention or idea under intellectual property law. The law of patents addresses aspects such as uniqueness, novelty, and utility. The Indian patent law is administered by The Patent Act, 1970, later amended by the Patents (Amendment) Act, 2002 and Patents (Amendment) Act, 2005.
A patent is a type of industrial property and is now contained in the ambit of intellectual property. It is a specific right issued to a person for inventing a new and useful article, or for making an enhancement to an existing article and conceptualising a new process or technology to produce the article or product.
This article explains, in easy terms, the criteria for awarding patents in India, why they are vital, and how they are implemented.
Why do you Require Criteria for Patents?
You may ponder why patent laws do not permit everything to be patented. The answer is straightforward: patents are not only about rewarding inventors but also about securing society’s interests.
In the absence of criteria, people would assert patents for regular knowledge or natural things like water or air.
Criteria ensure that only authentic inventions that propel technology receive protection.
They strike a balance between inventors’ individual rights and the public’s interest in access to beneficial knowledge.
The Primary Criteria to Grant a Patent in India
To obtain a patent in India, your invention must pass three key tests and meet additional requirements under the law. These are:
- Non-obviousness (Inventive Step)
- Novelty (Newness)
- Utility (Industrial Application)
- Not coming under non-patentable subject matter.
Let us comprehend each in detail with easy examples.
1. Novelty – The Innovation Must Be New
The initial and topmost condition for the award of a patent is that your invention has to be novel. As per Section 2 (1) (l) of the Patents Act, 1970, a ‘new invention means any invention which has not been visualised by prior use, prior publication or prior knowledge. Basically, in layman’s terms, it means your invention has to be nowhere in the public domain throughout the entire world.
Example of Novelty
However, if somebody has already published a paper or patented the very same concept, your invention is novel. The inventor must carry out a search into the prior art (existing literature, patents, and devices) before you start.
However, if the same idea has been published as an article or protected by a patent application previously, your new invention is said to be new. An inventor must always examine their prior art (existing documents, patents and products) before applying.
2. Utility – The Invention Must Be Useful
A patent is not awarded for something that is just theoretical. The invention must carry a practical use.
As per Section 2(1)(ac), the invention must be capable of industrial use.
This implies that your invention should be producible or applicable in an industry.
Example of Utility
If you create a new engine that conserves 20% of fuel, it clearly has industrial use.
But if you simply write a formula for a faster engine without demonstrating how it can really be fabricated, it may not pass the utility test.
Always ensure that you can exhibit the practical advantages of your invention.
3. Non-obviousness – The Invention Must Carry an Inventive Step
Even if your invention is new, it also needs to reveal creativity. The law terms this the “inventive step”.
Under Section 2(1)(ja) of the Act, an inventive step signifies a feature of the invention that embodies technical improvement or has economic value, making it not evident to a person adept in the field.
In plain terms, your invention should not be something that any expert person in that field could easily conceive.
Example of Inventive Step
Imagine you build a mobile phone that contains a foldable screen. This may be new, but if it is something a typical mobile engineer could have visualised by merging two prevalent technologies, it may be rejected as obvious.
But on the other hand, if your foldable phone has a kind of hinge mechanism of an uncommon rate, which has the function of lowering the breaking down rate, which has never been considered in this field, you have achieved inventive step.
Therefore, when applying for a patent, you are supposed to prove that your invention is better than the available means.
4. Invention Must Not Belong to Non-Patentable Subject Matter
Even if your invention is new, useful, and inventive, it cannot be patented if it comes under the record of non-patentable inventions in Sections 3 and 4 of the Patents Act.
Non-Patentable Inventions in India comprise:
- Discoveries of scientific principles, natural substances, or abstract theories.
- Mathematical formulas, Business methods, and computer algorithms.
- Methods of horticulture or agriculture.
- Surgical, medical, or therapeutic methods of treating animals or humans.
- Traditional knowledge or plain duplication of prevailing knowledge.
- Inventions that contravene public morality or are injurious to life.
For instance, you cannot patent a formula for calculating taxes or a new yoga posture.
Extra Requirements
In addition to the main criteria, there are also the legal and procedural conditions: A single invention or a group of interrelated inventions: You are unable to file a multiplicity of unassociated inventions in the one application.
Clear and adequate disclosure: You must explain your invention thoroughly in the patent application so that others, experts in the field, can understand it.
Payment of fees: You must pay the specified filing and renewal fees to retain the patent’s validity.
User Concerns in Patentability (India)
The greatest pain points for patent applicants in India are the stringent statutory exemptions under Sections 3 and 4 of the Patents Act, 1970, and the individual perspectives on “inventive step” adopted by Patent officers and courts. These create delays, uncertainty, and regular rejections for innovators.
How Kanakkupillai Assists with Patentability Conditions in India?
In India, Kanakkupillai provides services to inventors and companies for patent registration, including novelty searches, drafting specifications, and statutory exclusions under the Patents Act, 1970. They aim to solve pain points such as complex documentation, delays, and examiner objections.
Fast Comparison: Pain Points Vs Kanakkupillai’s Aid
| Patentability Pain Point | Kanakkupillai’s Assistance |
| Inventive step uncertainty | Claim structuring & professional consultation |
| Statutory exclusions | Advisory on optional IP protections |
| Delays & objections | Responses, handling filings, and hearings |
| Novelty Requirement | Prior art search & novelty examination |
| Industrial applicability | Guidance on showing practical use |
| Complex documentation | Drafting distinct, compliant specifications |
For inventors in India, Kanakkupillai serves as a compliance partner, reducing the risk of rejection and helping navigate the strict patentability conditions. Their strength lies in legal compliance, documentation, and examiner response management, which directly deal with the most popular user pain points.
Wrapping Up
In a nutshell, any invention filed for patentability in India must satisfy the fundamental tests of novelty, industrial applicability, and inventive step, while avoiding the exceptions under sections 3 and 4 of the Indian Patent Act. For Start-ups, companies and scientists in India, the successful application of these principles in filing a patent application is a prerequisite to securing a strong, enforceable patent and deriving a sustainable value proposition around the invention. An objective approach, coupled with a well-drafted claim with clear technical advancement and effectiveness, will prove critical during prosecution as well as in litigation.
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FAQs
1. What are the thresholds of patentability?
Limits of patentability are: severe patentability criteria (obviousness, novelty, and utility); statutory exemptions of patentable subject matter, e.g., natural phenomena, abstract thoughts, and illegal or immoral. Limitations like no description, exclusion of subject matter, and publication are the most prominent ones that can cause rejection of a patent.
2. What are the types of patentability?
Patents are granted for the inventor(s)’ sole use of particular inventions. They are categorised in three groups: design patents, utility patents and plant patents. Design patents have protection on new, original and ornamental designs for articles of manufacture. Plant patents have protection for new and distinct varieties of plants. Utility patents have protection on new, useful and ornamental processes, compositions of matter or machines.
3. Can a patent expire?
Yes. The patents have an expiration term. A utility patent is granted for 20 years from the date of filing, while a design patent can be granted for 15 years from its issuance. After patents expire, the inventions belong to the public domain; one can freely sell, make, or use the inventions without getting the inventor’s permission, which increases the competition and decreases the price.
4. What is an example of patentability?
Here are some patentable instances in India: Technological innovations – A new algorithm, hardware device, or software program. Pharmaceutical Innovations – Drug formulations or novel chemical entities. Mechanical: improvements to available technology, new equipment, or machinery.
5. What is patentability assessment?
A patentability assessment decides if your invention is patentable by scouring through patent databases, literature and journals, and analysing the relevance of the identified documents. It is highly recommended to have a patentability assessment performed before applying for a patent.
