Definition of an Invention

An invention refers to a novel product or process that solves a specific technical problem. It must meet three legal requirements: novelty, inventive step, and industrial applicability. Without fulfilling all three, an idea cannot qualify for a patent under Indian law.

Inventors must present something new, useful, and non-obvious. For instance, creating a faster engine design or a unique method for water purification may qualify as inventions if they are practically applicable and original.

Non-Patentable Inventions Under the Patent Act, 1970

While the law encourages innovation, it also sets clear boundaries. Not every idea or discovery qualifies for a patent. The Patent Act, 1970, outlines several exclusions. Here are the main ones:

1. Natural Laws and Scientific Principles

No one can patent gravity or the theory of relativity. Scientific discoveries and abstract principles fall outside the scope of patents.

2. Inventions Against Public Morality

Ideas that harm public order, health, or the environment do not receive patent protection. For example, devices used for illegal surveillance or hazardous warfare equipment are excluded.

3. Mere Discoveries

You cannot patent something already existing in nature. A newly found plant or mineral lacks the novelty required for patent protection.

4. Mathematical or Business Methods

Formulas, algorithms, or business strategies do not qualify unless they form part of a larger, technical invention.

5. Aesthetic Creations

Artworks, literary pieces, and musical compositions fall under copyright law, not patent law.

6. Biological Processes

Plants, animals, and essentially biological processes for their production remain outside patent eligibility. However, genetically modified microorganisms may qualify in specific cases.

7. Traditional Knowledge

The law excludes practices or knowledge that communities have used for centuries. For example, Ayurvedic formulations or herbal remedies already known to the public cannot be patented.

8. Geographical Indications

Certain names and terms identify the origin of a product. These geographical indications, like Darjeeling Tea or Kolhapuri Chappals, indicate regional quality and tradition. Although they hold commercial value, they receive protection under a different law—the Geographical Indications of Goods (Registration and Protection) Act, 1999, not under patent law.