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ARTICLE · 09 MARCH 2026

Legal Grounds Of Patentability In India

Maheshwari & Co. Advocates & Legal Consultants
Maheshwari & Co. Advocates & Legal Consultants
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Maheshwari & Co. Advocates & Legal Consultants

Maheshwari & Co. Advocates & Legal Consultants

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Patents are among the most essential tools in India's intellectual property framework. The Patent Regime encourages innovation by granting...

IndiaIntellectual Property
Akshi Seem
Akshi Seem

Introduction

Patents are among the most essential tools in India's intellectual property framework. The Patent Regime encourages innovation by granting inventors exclusive rights in return for disclosing their ideas to the public.

In India, the Patents Act, 1970 ("Patents Act") governs patents, which lays down clear grounds of patentability that every invention must satisfy before it can be granted protection. For businesses, start-ups, in-house counsel and legal academicians, understanding these tests is essential not only to obtain a patent but also to defend it, if challenged.

Explore More: Patent Attorneys in India

What Is Patentability?

In simple terms, patentability refers to the substantive legal conditions that an invention must meet to qualify for a patent grant. Under Indian law, the idea of patentability combines the statutory definitions of invention and new invention with the familiar criteria of Novelty, inventive step and industrial

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