What Can Be Patented?
Sections 3 and 4 of the Indian Patents Act, 1970 specifically
state exclusions to what can be patented in India. Our previous
blog post has comprehensively explained what cannot be patented in India. That brings
us to the question; what can be patented in India?
At the outset, it has to be mentioned that the answer to this is
not set in stone. There isn't any definitive list as to what
can be patented. There are, however, certain criteria that are
required to be met in order to make an invention patentable. The
patentability of an invention is determined by its ability to meet
the criteria.
Even before delving into the criteria, it is important to
understand the and invention meaning and patented meaning.
According to Section 2(j) of the Indian Patents Act, 1970 an invention means
"a new product or process involving an inventive step and
capable of industrial application.", such invention protected
under the patent law refers to patented.
