Patents In Asia 2018/2019: India

Top legal experts in India provide an exclusive insight into the country's patent prosecution and litigation strategy for 2018

How do you get a patent in your jurisdiction?

Types of protection and eligibility criteria

Indian patent law is governed by the Patents Act 1970 and the Patents Rules 2003. To be patentable, an invention must be:

• a new product or process involving an inventive step and be capable of industrial application – according to the act, 'invention' is limited to a new product or a process; and
• statutory as per the Patents Act.

According to the act, non-patentable subject matter includes:

• an invention contrary to public order or morality;
• the discovery of a scientific principle or the formulation of an abstract theory;